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Author Topic: new use - is it patentable?  (Read 913 times)

werhig

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new use - is it patentable?
« on: 01-09-07 at 01:59 am »
Can one patent an existing product (with slightly different design) with a totally different use?
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Wiscagent

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Re: new use - is it patentable?
« Reply #1 on: 01-09-07 at 12:00 pm »
You are asking two different questions:
Q - Can a product with a slightly different design be patented?
A - It depends on how slightly.  If the modified product is novel and not "obvious", then the answer is yes.  Defining "obvious" is a non-trivial task.

Q - Can a new use for an existing product be patented?
A - Yes, if the new use is novel and not obvious.
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Richard Tanzer
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