Saturday, June 4, 2011

If I am taking an existing chemical product but using it for a new application is it patentable?

*(I have seen similar questions on here but am still unsure about this situation)





Somewhat similar example: Say completely hypothetically I wanted to take an existing cleaning product (like CLR) and found out that it works to remove wine from couches. All I wanted to do to the product was to add in some dye the same as the color of the couch to make it more plesurable to the consumer. Is this considered an improvement patent? I am changing the use of the product and industry it is marketed in but using the existing chemical balance and just adding in something for this new particular use. Any advice is helpful.|||I am not an expert in this field. However, simple logic suggests that if YOU do NOT own the Original Patent, then you do not have the right to modify or sell that product. Obviously, if you are serious about your idea, a consultation with a qualified patent attorney would be wise.





Best wishes and good luck.|||Yes. New use, new patent. But good luck defending it if your competitors find out.