Legal Question in Intellectual Property in Tennessee
What is the best way to search to see if a patent exists and is it possible to get a patent for a new use of an existing product?
2 Answers from Attorneys
Dear Sir or Madam,
The best way to see if a patent exists is to hire a professional to perform a patent search.
If you are looking for a way to search patents yourself, you can try the following:
1) Google patents: www.google.com/patents
2) US Patent and Trademark Office's database: www.uspto.gov
3) World Intellectual Property Office's database (international): www.wipo.int
For the second part of your question, yes, it is possible to patent a new, novel and non-obvious use of an existing product. There are some caveats, but the generic answer is yes, you can do this. You may want to speak to a professional patent agent or attorney in order to discuss the specifics of the process and complications that may arise.
Kind regards,
James Michael Smedley, Esq.
Managing Member
The Sigma Law Group LLC
As a Franchise Attorney I agree with the other attorney answer. It's best to have a firm that is competent doing searches. As with most things, trying to do it yourself is just not smart. If the new use of an existing product is novel and non-obvious, then is may be patentable. Consult with a good intellectual property or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation