Legal Question in Intellectual Property in New York
hello l would like to ask if one could file a patent on the use of an already partialy existing object and adding a to it a method no physical change . that is to say not changing the concept of work but change the way of use by introducing an idea. thank you for you time and patience . your help is very appreciated
1 Answer from Attorneys
The USPTO may grant a patent on processes as well as products. Think of an invention as a solution to a problem. If the problem is "how to make widgets" and you figure out a way to make widgets in a new, useful, and non-obvious way you most likely have a patentable invention. Similarly, if there is a widget already in existence that is only used to build gizmos, but you have figured out how to use widgets to make doodads then you may receive a patent. However, I can almost guarantee you will receive an initial office action rejecting your claims as obvious. Over coming an obviousness objection can be difficult and you should consult a patent attorney or agent to help the initial application.
Related Questions & Answers
-
What happened in feist publications v rural telephone service co. inc. (1991) Asked 10/23/13, 2:43 am in United States New York Intellectual Property
-
Can my kids sleep in my attic,everybody tells me its against the law Asked 10/06/13, 6:19 pm in United States New York Intellectual Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
