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(Message started by: linkid on Jul 22nd, 2006, 3:50pm)

Title: Can I patent something like this?...
Post by linkid on Jul 22nd, 2006, 3:50pm
Can I patent an idea to use two existing products in a new combinantion?

For example: A fax machine with a built in phone. Both the phone and fax machine already exist but the combination of the two would be new (not really of course, just for example).

Your comments would be appreciated.

Title: Re: Can I patent something like this?...
Post by linkid on Jul 22nd, 2006, 3:51pm
oops wrong forums moved to "is this patentable".

Title: Re: Can I patent something like this?...
Post by wallflower on Jul 22nd, 2006, 3:53pm

on 07/22/06 at 15:50:21, linkid wrote:
Can I patent an idea to use two existing products in a new combinantion?

For example: A fax machine with a built in phone. Both the phone and fax machine already exist but the combination of the two would be new (not really of course, just for example).

Your comments would be appreciated.

Yes, a new and non-obvious combination of known things is patentable.

Title: Re: Can I patent something like this?...
Post by linkid on Jul 22nd, 2006, 5:01pm
Would that example (fax+phone) be considered non-obvious?

Title: Re: Can I patent something like this?...
Post by wallflower on Jul 22nd, 2006, 7:43pm

on 07/22/06 at 17:01:00, linkid wrote:
Would that example (fax+phone) be considered non-obvious?

It's not novel, so we don't even need to address obviousness.

Title: Re: Can I patent something like this?...
Post by linkid on Jul 23rd, 2006, 3:11pm

on 07/22/06 at 19:43:21, wallflower wrote:
It's not novel, so we don't even need to address obviousness.

I meant this: if phone+fax was not yet invented/new, would it be novel?

Title: Re: Can I patent something like this?...
Post by wallflower on Jul 23rd, 2006, 3:52pm

on 07/23/06 at 15:11:09, linkid wrote:
I meant this: if phone+fax was not yet invented/new, would it be novel?

If understand your question correctly, then yes.  I was using "new" and "novel" synonomously.

Title: Re: Can I patent something like this?...
Post by linkid on Jul 23rd, 2006, 4:27pm
Thanks guys. I appreciate your help and this forum. Keep up the good work.

Title: Re: Can I patent something like this?...
Post by fcukingfreak on Sep 12th, 2006, 9:17pm
most patents are actually just improvments to other inventions that have already been made. i think combining them would be considered an improvment

Title: Re: Can I patent something like this?...
Post by B Sharma on Nov 22nd, 2006, 7:21am
I donot think so. Combination of 2 devices already known to the world cannot be patented according to Indian patent laws which reads non patentable invention as:
[the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; ]
Check patent laws of you r country.
Regards,
Bindu Sharma

Title: Re: Can I patent something like this?...
Post by IP-Analyst on Dec 22nd, 2006, 2:57am
Bindu, you are right.
[the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way; ]
But the bottom line here is if 2 known devices each functioning independently of one another are not patentable, what if they are dependent of each other. So in this case it would be patentable.

Title: Re: Can I patent something like this?...
Post by ThinkPatent on Dec 22nd, 2006, 4:04am
Yes, mere arrangement or re-arrangement or duplication or combination of known devices is not patentable but the point to be noted is that it should be mere invention. For example, using radio in mobile phone is mere combination in the present context. Suppose if an inventor solves a problem associated with the combination or arrangement of radio with mobile phone there is possibility of patenting.

Let us assume a hypothetical case---

Suppose a user in order to receive/make a call on mobile phone first has to switch off his radio then proceed with the incoming or outgoing call. To solve this problem someone comes out with a combination of radio and mobile phone where user is not required to first switch off his radio before receiving or making a call. In such case, there is possibility of patenting as it is not a mere arrangement or re-arrangement or duplication of known devices because conventionally a user has to switch off his radio before receiving/making a call.

Patent Specialist & Analyst
Mumbai, India

Title: Re: Can I patent something like this?...
Post by enriquest on May 31st, 2007, 5:32am
yes i agree to the point stated by B sharma

just combining or rearranging two thing would not be considered as a novel invention as long as it is not obtaining something convincingly new additional feature.


for example :

considering A and B previously existing inventions...

mere combination of (A+B) can not be patented until and unless this combination results in "C" which supposed to be the inventive feature !!

:)



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