An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented.
While it is impossible to patent an existing product, it certainly is feasible to patent an improvement over an existing product. Below we discuss how non-obvious improvements to an existing product can be patented.
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.
A patent is an intellectual property (IP) right for a technical invention. It allows you to prevent others from using your invention for commercial purposes for up to 20 years. You decide who is allowed to produce, sell or import your invention in those countries in which you own a valid patent.
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.
For instance, while a material may conventionally be used as a structural material, its use as a refractory material, or its use as a dielectric material in an electronic device, may be patentable.
Assign the patent rights to a corporation With a start-up, the founder may hold the patent rights personally. If there are other inventors, the founder may have the patent rights assigned to the founder. Later on, when attracting investors, the patent rights may be transferred to a company.
The Poor Man's Patent Is Obsolete Being the first to invent will no longer save you is someone else filed first. So even if you did write out the idea for your invention and mailed it to yourself, that date would not matter.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.