Legal Question in Intellectual Property in California
Is it possible, to patent a new application of existing technology?
If not, perhaps, could this new application of existing technology, be protected, as, intellectual property? and if so, what would that mean?
Briefly; I've developed a new application of existing technology, which will make possible the manufacturing of; human-powered electric vehicles (land&sea) as well as, stand-alone (human/non human) powered electric generating platforms.
Can I protect this new application of existing technology?
4 Answers from Attorneys
1. Maybe.
2. Maybe.
3. It's anybody's guess.
4. Maybe, but don't post it to LawGuru. Make an appointment with a patent lawyer.
Consult with and pay an experienced patent attorney to review your ideas. Don't disclose or talk about them to anyone else.
Yes, a new application of an existing technology is patentable, if it meets the ordinary requirements for patentability- mainly that it is new and not an obvious combination or modification of previous technology.
Whether it meets those requirements can be determined to a reasonable degree of certainty by obtaining a patentability search report and opinion from a patent attorney.
Without doing that search, I cannot say whether your particular invention would be patentable.
As a Franchise Attorney I entirely agree with the above answer. You can't expect any answer without first consulting with a patent attorney who will do a search and then render an opinion. New and non-obvious are the key requirements. Consult with a good patent attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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