QUESTION

If I take an item from a different industry and use it for a different application is a patentable?

Asked on Aug 27th, 2013 on Patents - California
More details to this question:
I have an idea for a new item that is value add in my industry and will save time for the consumer. The material I've made my product out of is from another industry but is designed for a similar function. I want to use it in my industrial. It's a different utility, so can I do a utility patent. How about a pervisional patent? Could that help me?
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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There isn't enough information in your question to determine patentability. As the Supreme Court has indicated on more than one occasion (most recently in the KSR case), inventions are not developed in a vacuum. All of the pieces, all of the concepts, all of the principles were likely known in some manner before the invention. The key is you want to be able to say that no one thought to use those pieces in this unique way for this purpose before, and therefore the invention is patentable. You took a material out of another industry and used it for your product. A product can be novel even if the material is not. If the product was known before, but you did something unique with it to make it compatible with the new material or as a result of incorporating the new material, that unique element could be patentable.  en.wikipedia.org/wiki/novelty_(patent) A provisional patent application is just a lead-in to filing the utility patent application. The provisional application buys you one year to file the utility application. During that year, you are patent pending and you can determine if your invention is commercially viable.  Even if the invention is patentable, it is not worth patenting if it is not commercially viable. A provisional patent application is not an alternative to a utility patent, it is just another way to initiate the process at a lower initial cost.  
Answered on Sep 10th, 2013 at 9:47 AM

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