Well I had always assume that patents applied to physical inventions and the like, and copyrights to intelectual property. Clearly this falls under the catagory of intelectual property. In performing a quick websearch on what can be patented though I discovered I was incorrect in my belief (sort of). I discovered
this site which clearly describes what can and cannot be patented. As such it is clear that a theoretical device that is described in the article CAN be patented. However because, as you stated the theory isn't exactly new it might not really be a legit patent, because all patents must be novel ideas. Novelty is aparently defined as:
Quote
Novelty simply means the invention must be new. That is, it must differ from knowledge already existing in the public domain (referred to as “prior art”). Patent law defines prior art in several ways, including:
- Anything that is described in a publication: 1) before the date you made the invention, or 2) one year before you file your patent application.
- Anything that is in public use or on sale in the U.S.: 1) before the date you made the invention, or 2) one year before you file the patent application.
- Prior patents that were issued: 1) before the date you made the invention, or 2) one year before you file the patent application.