Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: iper on December 21, 2020, 09:10:28 AM

Title: Is it possible to patent something more specific?
Post by: iper on December 21, 2020, 09:10:28 AM

Hello

I was told by an IP lawyer that if a device is patented and it claims the use of a metal material, you can patent the same device and claim it to use a specific material, i.e. nickel.

Is that possible?

I am particularly interested in a device that has been patented to have any protein and enzyme which I am looking to patent to have a specific enzyme.

Thanks!

Title: Re: Is it possible to patent something more specific?
Post by: Brad on January 05, 2021, 05:14:33 PM

In the example you gave I would disagree.  If someone else claimed using metal_X and you are using metal_Y that would be just about impossible to get approved as a new patent because it would be routine or obvious to use a different type of metal and expect about the same results.

Your protein and enzyme idea is completely different.  We know in biology that these things can be unpredictable.  Just because a protein binds to A we do not know for sure if it will bind to B.   So in this example there could be something patentable with your discovery.