Trying to get signal from the noise around patents and prior art. How do i know what actually matters? How much does it matter? What don't I know that I don't know?
I've got a solid, roughly engineered concept for a device that will work (basically exploiting a marketing opportunity for a combination of components that have been working for a long time). As a reference point, I'll use a contrived example. Let's say you have a home security system for dogs. Everytime someone opens your door (existing sensors) send a signal to an app (existing tech / communication protocols) that set off a high pitched whistle only your dog can here (existing device).
There are patents on every part of this system. There are even "patents" ("" because I'm not sure what is real, dead, beatable, etc) on near exact versions of the *entire* system. However... no one is selling dog alarm (or the actual product I've come up with).
ChatGPT is telling me that we can cleverly file a patent based on our unique combination of these things, but obviously I don't trust it. So my questions are
- how do I meaningfully QUALIFY existing patents / prior art? Is it black and white "it exists, so they win"? I'd assume not, but I'm nos sure which part of an existing patent are squishy. For instance, could I say "oh this is 9 years old and filed in Delaware therefore it's somehow less valid" or "there are 5 similar patents so no one is enforcing these against one another" or ... I don't know.
- Assuming the patents are NOT squishy, is this an "ask for forgiveness, not permission" situation?
- other things i don't know?