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   i want to give a existing product a new use
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   Author  Topic: i want to give a existing product a new use  (Read 521 times)
VAUGHN
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i want to give a existing product a new use
« on: Apr 13th, 2006, 11:24pm »
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there is a product already on tha market in many different forms all basically doing the same thing.  i have thought of a new use for this product.  should i try to find out who has the patent and try to partner with him. Or will i be able to pursue my own patent.  Or could someone tell me the best options there are ?
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JimIvey
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  jamesdivey  
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Re: i want to give a existing product a new use
« Reply #1 on: Apr 14th, 2006, 7:46am »
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Well, there are two separate issues: (i) can you get a patent for your new use and (ii) would your new use infringe any existing patent(s) on the product?
 
As for (i), if your new use really is new and is also not obvious, yes, you can get your own patent on it.
 
As for (ii), yes, your new use would infringe any existing and not yet expired patents covering the product itself.
 
Whether you should partner up with someone depends on who that someone is and a myriad of other considerations far beyond patent law.
 
I'm a little apprehensive to post my FAQ link again, but it really does include all the things I feel I need to add here to tell you what your options look like.  Here it is:
http://www.isrlaw.com/inventorFAQ.html#1
 
Regards.
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James D. Ivey
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Isaac
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Re: i want to give a existing product a new use
« Reply #2 on: Apr 14th, 2006, 8:00am »
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For questions concerning new uses for exisitng products, I'd also add
 
Is there any conceivable way you can get paid?  If the direct infringers are end users with little/no money, and the people up the supply chain can avoid indirect infringement maybe a patent on the new use might be nothing more than wall paper.
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Isaac
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