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   Using existing products to create a new one...
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   Author  Topic: Using existing products to create a new one...  (Read 1237 times)
linkid
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Using existing products to create a new one...
« on: Jul 22nd, 2006, 3:53pm »
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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.
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Bill Richards
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Re: Using existing products to create a new one...
« Reply #1 on: Jul 22nd, 2006, 6:17pm »
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Many inventions are combinations of old stuff.  In fact, I believe there's Supreme Court dicta to that effect.  As long as it's new, useful, and nonobvious you may have something.  One cannot just tack a phone onto a washing machine, though.   Smiley
« Last Edit: Jul 22nd, 2006, 6:19pm by Bill Richards » IP Logged

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Re: Using existing products to create a new one...
« Reply #2 on: Aug 11th, 2006, 7:35pm »
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I have a formula for a product that I would like to patent but I use a name brand off-the-shelf ingredient because it's the only one of it's kind that I know of and it's absolutely essential to my formula. Can I use it or would I have to come up with my own formula to replace the commercial one I'm using now?
 
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Wiscagent
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Re: Using existing products to create a new one...
« Reply #3 on: Aug 11th, 2006, 8:29pm »
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If you know the composition of the "name brand off-the-shelf ingredient" then it is no problem to use the name brand ingredient in your examples.  And your patent would include a statement to the effect that other types of the ingredient can work as well.  In the claims you would probably just use the technical description.
 
If you can not get a good technical description for the ingredient, then it can be a problem.  If you claim "... comprising AJAX brand stuff ..." you are likely to have your claim rejected.
 
Richard Tanzer
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CriterionD
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Re: Using existing products to create a new one...
« Reply #4 on: Aug 11th, 2006, 9:04pm »
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As an example, there are many patents which mention the use of "Velcro brand" products within their manufacture, and a few that specifically claim the use of "Velcro brand" products.
 
http://www.google.com/search?q=site:freepatentsonline.com+%22velcro+bran d%22&hl=en&lr=&start=0&sa=N
 
Another example would be Mazola Corn Oil
 
http://www.google.com/search?hl=en&lr=&q=site%3Afreepatentsonlin e.com+mazola
 
« Last Edit: Aug 11th, 2006, 9:05pm by CriterionD » IP Logged

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