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Author Topic: patentable if use is totally differet?  (Read 284 times)

mikepro1

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patentable if use is totally differet?
« on: 11-16-17 at 08:50 pm »

Hello.

I have created a training product for a sport.  After doing a search I found an patent application that is expired for an invention that is incorporated into my invention.  My invention adds a few elements to this existing invention that are needed for the purpose of executing the training aspect of my invention.  The purpose and reason of this previous invention is entirely different than the purpose and reason of my invention... in short my invention serves a training purpose for a sport while the other invention doesn't incorporate this element.

My question is if my invention is patentable because it incorporates a few different elements from the previous invention that then create an entirely different reason and purpose for its use?

Thanks,

Mike
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Robert K S

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Re: patentable if use is totally differet?
« Reply #1 on: 11-17-17 at 02:25 pm »

As a general matter one cannot patent with an apparatus claim an old apparatus, even if a disclosed method of using the apparatus is new.  An old apparatus modified with new structural features may be patentable if the modifications are non-obvious.

One can patent with a method claim a new use for an old apparatus.  However, the recent "innovations" in subject-matter eligibility law seem to be hamperingly creeping into this basic doctrine.  In other words, the concern is that a method claim directed to a new method of use of an old apparatus might be accused of being directed to an abstract idea.

It's a difficult area and, of course, you should consult an experienced attorney if your objective is to obtain patent protection.
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This post is made in the context of professional discussion of general patent law issues and nothing contained herein may be construed as legal advice.
 



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