Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth applying because you would have to show that the new use is nonobvious. Even if you believe your use to spectacularly nonobvious, expect an uphill battle.
Is it hard to patent an idea? Patenting is a demanding and time-consuming process. Because of the complications of the patent filing process, even for provisional patent applications, a filer has many opportunities to make mistakes or fail to include the required information.
What can be patented? An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
While ideas alone cannot be patented, you can obtain a patent on an invention that was developed from an idea. Note this: if you pursue a patent, an invention must be actually produced, or at minimum, a detailed description of the invention has to be included with the patent application.
A utility patent covers the creation of a new or improved—and useful—product, process, or machine. A utility patent, also known as a "patent for invention," prohibits other individuals or companies from making, using, or selling the invention without authorization.
The advantages of patenting a manufacturing process In return for disclosing your inventive manufacturing process in a patent, you're able to prevent others from using the same process for a period of up to 20 years.
A patent is an exclusive right granted for an invention. In other words, a patent is an exclusive right to a product or a process that generally provides a new way of doing something, or offers a new technical solution to a problem.
Technically, it is possible to patent a new use of an existing product. Realistically, it might not be worth applying because you would have to show that the new use is nonobvious. Even if you believe your use to spectacularly nonobvious, expect an uphill battle.
So, if any of the following three things happen with your invention, then you cannot apply for a patent: It is on sale. It is in public use. It has a printed publication one year before the application date.
The specification should be in conformity with the requirements of the Patents Act 1992 and Patents Rules 1992, typed or printed on single sided A4 pages with margins of 2 to 3 centimeters. These margins should be blank, and each page should be numbered. Two copies of the specification must be submitted.