Legal Question in Intellectual Property in New York

hello l would like to ask if one could file a patent on the use of an already partialy existing object and adding a to it a method no physical change . that is to say not changing the concept of work but change the way of use by introducing an idea. thank you for you time and patience . your help is very appreciated

Asked on 10/23/13, 4:17 pm

1 Answer from Attorneys

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The USPTO may grant a patent on processes as well as products. Think of an invention as a solution to a problem. If the problem is "how to make widgets" and you figure out a way to make widgets in a new, useful, and non-obvious way you most likely have a patentable invention. Similarly, if there is a widget already in existence that is only used to build gizmos, but you have figured out how to use widgets to make doodads then you may receive a patent. However, I can almost guarantee you will receive an initial office action rejecting your claims as obvious. Over coming an obviousness objection can be difficult and you should consult a patent attorney or agent to help the initial application.

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Answered on 10/24/13, 4:59 am

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