Patent licensing is true for new products or inventions, providing legal monopoly for typically 20 years and encouraging innovation by allowing inventors to earn without competition.
Format of a Patent Application The Specification. The Title. The Description. The Claims. The Drawings. The Abstract. Sample Specifications. Minimum Requirements for a Filing Date.
What can be patented? An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
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 it is impossible to patent an existing product, it certainly is feasible to patent an improvement over an existing product. Below we discuss how non-obvious improvements to an existing product can be patented.
For instance, while a material may conventionally be used as a structural material, its use as a refractory material, or its use as a dielectric material in an electronic device, may be patentable.
In general, patent law only allows for the protection of new, useful, and non-obvious inventions. Thus, if your new use for an existing product is not novel or obvious, it may not be eligible for patent protection.
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.
Specific criteria must be met to obtain a patent for a business process. The process must be novel, non-obvious and have a clear, practical application. Additionally, it must be described with sufficient detail to the point that anyone with general knowledge of the industry can comprehend how it works.
These guidelines assert that a process, including a process for doing business, must produce a concrete, useful and tangible result in order to be patentable.