Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
hello. you cannot simply take an existing product and find a new "use" for it, that won't be enough to get a patent, you need to add to or modify the existing product in a new & non-obvious way. A mere "application" of something that already exists will not be patentable because it's merely an idea or use of something already known.
if you modify an existing product, you can get a patent on the modified version IF that modification is (1) new (not previously publicly known/disclosed) and (2) not obvious to one of ordinary skill in the art (i.e. that field)...the main hurdle is usually the "non-obvious" requirement.
The examiner at the USPTO that is assigned to your patent decides whether it is "obvious" or not to one of skill in that field. you can argue about it and try to convince them otherwise but ultimately it is their decision.
the fact that it has never been done is not relevant to whether it is obvious....it can still be obvious
that's right. it is based on his opinion, you (or more appropriately your patent attorney) can debate it but yes ultimately it is the PTO's decision
so you need a patent attorney to argue on your behalf (this is not something to do yourself)
I do not trust and do not recommend ANY invention firm. The commercial success/market for an invention may be a business consideration, but has nothing to do with whether it is patentable. So whether it is a niche market etc. may be useful to your economic decision making and whether the patent would be worth pursuing, but has nothing to do with whether it is patentable. I would not pay them anything further and would seek out a patent attorney or agent, which you will need anyway to prepare & file a utility patent before the provisional expiration date.
please rate me thanks