This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Use Can For Product Or Process In Riverside
State:
Multi-State
County:
Riverside
Control #:
US-003HB
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FAQ
Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example – a process for producing a specific chemical compound.
It is not possible to obtain a patent on an existing product because: The inventor has sole ownership of their invention. An existing product is not considered a “new” or “novel” invention.
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.
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.
Patent law defines the limits of what can be patented. For example, the laws of nature, physical phenomena, and abstract ideas cannot be patented, nor can only an idea or suggestion.
U.S. Patent and Trademark Office (USPTO) The U.S. Patent and Trademark Office (USPTO) is the agency responsible for granting U.S. patents and registering trademarks.
Yes, you can even patent an already existing product on the basis of a “new use.” If you can develop a completely new and non-obvious way of using an existing product that significantly differs from its current usage, you may be able to obtain a 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.