Re: New use for an existing device that is not patented

Subject: Re: Re: New use for an existing device that is not patented

Comments:
: : Could someone please expalin what "A new use for and existing device" means. If a patent is obtained and it is used for something different and there is no prior art or articles or patent on the new use, is the patent valid? : Dear J.L. Deal, : You are entitled to a patent if the invention is "New, Useful and Unobvious". A patent can be obtained for a new device or a new "method" of doing something. : A new use for a know device, may be patentable. There may be a problem though. Even if you get a patent, if the device that is used is patented, the new use may infringe the existing patent. : One has to understand the subtleties of the law. Just getting a patent may be a great way of spending money without getting a return. : You have to find a Registered Patent Lawyer you can trust to understand what is best to do in YOUR interest. : There is a scam industry making $100M+ a year getting patents for inventors. Only 1 in 10,000 make more money than they pay. : There are even some registered patent lawyers, particularly who advertize extensively that say yes to clients, get them patents, whose claims are avoidable. Thus the inventor has a patent but the patent does not give the protection that the inventor needs to make money. : Recently an inventor came me with a patent, complaining that wherever he went to saw his invention in use. An examination of the patent showed that the patent disclosed the invention but the patent claims, which protected the invention, were completely avoidable. That means the patent disclosed the idea but the important part of the patent, the claims did not protect the invention. : You need a Registered Patent Lawyer you can trust. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop(sm) : E arly L egal A dvice I s N ot E xpensive(sm)

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