Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Dave1 on July 06, 2019, 07:19:20 AM

Title: Can I patent? Easy one
Post by: Dave1 on July 06, 2019, 07:19:20 AM
Hi All,

Hoping you can answer this one.

If I have two products both having existing patents. Can I patent the "application" or the way I would like to use them together and if so what is that process called and is there any specific information I need to be aware of to proceed with a patent?

I wouldn't actually be changing the products. In fact they were designed to work together. But I want to apply them in a specific way and I'm wondering if I can patent that idea?

Title: Re: Can I patent? Easy one
Post by: Brad on July 06, 2019, 10:29:25 AM
In theory you are supposed to be able to get a patent on a new and non-obvious use of an existing product, in reality those type of patents are just about impossible to get approved.   Ideally you would have some evidence or logical reason why someone would not normally combine the two.

For example, if you were the first person to think of combining peanut butter and jelly to make a sandwich, that may be a great idea and you may be the first one to do it but the patent office will say these are both food items that people have put on sandwiches before so it would routine or odviouss to put them together so they will reject your patent. 

Now, if you had some data or evidence that peanut butter normally does not mix well with jelly and that it would be strange or illogical to put the two together you may have a better shot here.