The catrid[g]e as such does not really involve inventive steps, but the fact that I use a cartridge in a sugar cube dispenser does. Can I protect the cartridge to prevent that other start offering compatible cartridges for my sugar cube dispenser? If it is possible to protect the cartridge, can I add a claim to the patent application that will protect the cartridge? Any suggestions/advice will be very much appreciated.
Thank you.
If the cartridge itself is not novel and non-obvious, a patent claim to the cartridge, independent of the sugar cube dispenser, will not be patentable.
You could attempt to claim cartridge when used in conjunction with the sugar cube dispenser. The patentability of such a claim would turn on the novelty and non-obviousness of the entire combination of elements, including both the features of the dispenser and the cartridge.
One thing you need to bear in mind is that in the U.S., an examiner will generally not give any patentable weight to an "intended use" recited in a claim, unless that intended use imparts some structural distinction. For example, if you claim a "sugar cube dispenser comprising a housing, a opening sized to dispense sugar cubes, and a cartridge . . . " a U.S. examiner will apply any prior art that reads on the structural features of the claim, independent of the intended use recited in the claim (i.e. as a sugar cube dispenser). Thus, ane xaminer might apply art describing a clip for dispensing rifle cartridges to reject the claimed sugar cube dispenser.
You should also note that recent U.S. case law has made it more difficult to patent a mechanical invention. Thus, you may want to consider conducting a patentability search for sugar cube dispensers that include the features you intend to claim. If the only distinction is the inclusion of a cartridge, but the prior art describes other means for supplying sugar cubes to the dispenser, it is more likely than not that a U.S. examiner will find your apparatus unpatentable under 35 U.S.C. 103.
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Topic: How to protect a cartridge? (Read 662 times)
