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[i_love_ip]

If i take two products (product A and B) which in and of themselves are not new, and create a new version of product B (which may or may not be patentable), in a way that makes it possible for the retailer to sell item B, in a way that does not threaten the sales of their current product selection (which is comprised primarily of product A), when previously the item B was not being carried because it created a defecit in sales of product A (so i'm taking two existing products and creating a version which now has a symbiotic relationship that did not exist before), Is this "concept" or "system" or "business method" patentable? (separate from the product)
Im sorry for the ambiguous wording, and if you cannot decipher enough from this, i totally understand, lol.

2. If a concept is already patented, but is industry specific, can it be patented in another industry?


TIA

[CriterionD]

Is this "concept" or "system" or "business method" patentable? (separate from the product)
Im sorry for the ambiguous wording, and if you cannot decipher enough from this, i totally understand, lol.

If I understand correctly that the business method of marketing item B alongside item A in a manner so that sales of item A are not disrupted is what you are concerned about....

It is hypothetically patentable.  It has to be novel and "non obvious." If nobody else has thought to develop or implement such a solution - its novel, and may very well be "non obvious" as well but that depends also on other factors...

2. If a concept is already patented, but is industry specific, can it be patented in another industry?

It depends what you mean by "industry specific." Its not technically possible to patent something in a particular industry, it is only possible to patent something - and that patent protects a claimed invention across all industries.  However, it is possible that the claimed invention(s) only really apply to a specific industry.  You may be able to patent a novel variation that is better suited to a different industry, as long as the variation would also be considered "non obvious." It is also possible to license or acquire the rights to use a patented invention within a specific industry.

[i_love_ip]

Yes, thats the deal- previously, retailers have not carried item B, because it diminished (or was perceived to be a threat to) the sales of item A.
Thank you so much for the thoughtful reply!