QUESTION

Can i combine two products that are patent to create a new product and patent that new product myself?

Asked on Jul 28th, 2020 on Patents - California
More details to this question:
I need an answer for this three scenarios: Scenario 1 Example: there is a wireless charger company that has multiple patents on their wireless charger technology and i want to combine one of their wireless charger with another product in a completely different industrie that also has a patent. If i combine the two products to create a new product can i patent it? Scenario 2 example: I need the wireless charger that is patented but the other product in another industry maybe i can get a version that hasn't any patent can i still create a new product out of the two products and patent the new product? Scenario 3 example the two products are patent but the owners license their use to me. Can i patent my new product if they license their two products to me?
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1 ANSWER

Patent Applications Filling and Prosecution Attorney serving Bellevue, WA
4 Awards
Yes, you can if your combination itself is a patentable invention.  An invention is patentable if it is useful, new and non-obvious.  Almost all inventions that work in any way are useful.  An invention is new if someone has not done or described that exact invention before you did.  An invention is non-obvious if it would not have been obvious to a person of ordinary skill in the pertinent technology to combine the elements that make the invention do what it does. Even if your invention is patented, though, you may not be able to practice it if you must practice technology belonging to another in order to do so.  Example: there is a patent for a device for sitting, having a substantially horizontal platform for sitting and a plurality of substantially vertical legs distending from the platform.  This invention encompasses almost any furniture on which you can sit.  Suppose now I apply for a patent for a device for sitting comprising a substantially horizontal platform for sitting, a substantially vertical surface extending upward therefrom and four legs distending substantially horizontal below.  Suppose the patent examiner found this improvement in furniture new and non-obvious over what had been done before and issued a patent to me for my invention of a chair.  I still cannot practice my chair invention without a license from the earlier invention, which is said to "dominate" my invention. I strongly recommend you hire a patent professional for consultation on this matter.
Answered on Aug 03rd, 2020 at 8:29 AM

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