Can I patent a handshake? 11 Answers as of May 21, 2013

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Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
A handshake would best be a "method" type patent like "A method for handshaking comprising the steps of: presenting a hand from a first person..." While it may be possible to get a patent for handshaking, in order to get a patent awarded there must be something that is not obvious from all of the other handshakes that have been performed. You might want to video the handshake and file for a copyright on the "artistic expression" of your handshake. This is like a picture, movie or song.
Answer Applies to: California
Replied: 10/11/2012
Yang & Wang, P.C.
Yang & Wang, P.C. | Tommy Wang
It depends. Is it novel, useful, and unobviousness? If so, maybe.
Answer Applies to: California
Replied: 10/11/2012
Webb IP Law Group
Webb IP Law Group | Jason P Webb
The short answer is no. You may want to consult an attorney to see if something is possible to achieve your goals.
Answer Applies to: Utah
Replied: 10/11/2012
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
In theory it could be patented as a method of greeting a person howsoever it would be unlikely to survive the Patent Office's obvious rejections.
Answer Applies to: Oregon
Replied: 10/11/2012
Sebby Law Office
Sebby Law Office | Jayne Sebby
Perhaps, if it is between two unique robotic structures or between two new genetic structures.
Answer Applies to: Nebraska
Replied: 10/11/2012
    Tran & Associates | Bao Tran
    If your handshake does something unexpected, it may be patentable. For example, if you use the handshake to generate electricity to power your portable electronic device, then it may be patentable. You should get patent application as soon as you can to prevent others from copying you. This is important as we move into the First to File era. I would recommend the use of software from PowerPatent.com called ProvisionalBuilder. A feature summary is at http://www.powerpatent.com/prwelcome THe software helps you organize information, and through your summary description, brings back sample patents in the same field for you to use as examples.
    Answer Applies to: California
    Replied: 10/11/2012
    DANIEL NESBITT
    DANIEL NESBITT | Hasse & Nesbitt
    An internet protocol handshake method is patentable. I doubt that anyone has ever obtained a patent in a person-to-person, hand-to-hand, handshake. Technically, there is not prohibition in the law, so long as it has usefulness, is new, and is not an obvious variation of a known handshake.
    Answer Applies to: Ohio
    Replied: 10/11/2012
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    No.
    Answer Applies to: New York
    Replied: 5/21/2013
    Banner & Witcoff, Ltd. | Ernie Linek
    No.
    Answer Applies to: Massachusetts
    Replied: 5/21/2013
    Eminent IP, P.C.
    Eminent IP, P.C. | Paul C. Oestreich
    No. A handshake does not fall within the legislatively defined patentable subject matter. Section 101 of Title 35 U.S.C. sets out the subject matter that can be patented in the US: "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title."
    Answer Applies to: Utah
    Replied: 10/11/2012
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