John has invented a device to monitor the tire pressure on bicycle tires. This device consists of a

Question

tire pressure sensor on the tire with a radio transmitter and a receiver mounted on the
handlebars to give a readout of the pressure.

The radio transmitter is similar to existing designs,
but one has never been used in this way. The product cannot be produced for less than $120, but
John's preliminary marketing studies indicate that the product could not be sold for more than
$25. Which of the following is true?
A) John cannot get a patent because the inability to produce the product at a cost low enough
to sell it means that it does not meet the usefulness requirement.
B) John cannot get a patent because the transmitter part is not a new invention.
C) John can get a provisional patent which would provide limited protection until he can
redesign it so that it can be made for under $25.
D) John can obtain protection for his invention even if someone else files a patent application
for the same invention so long as John actually invented his first.

Answer 1

D