Q: can one patent an invention based on two existing items. The main item's patent has expired
I have an invention that will add audio sound to an existing product that has been patented and successful but the patent has expired. Can such an invention be patented? When compared to the existing product, the new product will be different with respect to new features that produces sound vs. the old existing product which has no electrical capabilities.
For example (just an example), consider a well know item that has been patented over the years: an ordinary umbrella: if someone were to put a small weather radio into the handle or shaft of such an umbrella, would this be patentable?
Very similar to my invention: an item that has no electronic components or functions being imbedded with new electronic audio capabilities.
A:
This is a very common question.
Generally, if you just combine two known products, and they work together as one would expect them to, then no, it would not be patentable. So, to use your example, if you put a small radio in the handle of an umbrella so that you can listen to the radio while walking in the rain, then it would likely not be patentable, even if nobody has thought of it before you. See MPEP 2143(I)A.
However, if you combine the radio with the umbrella, and you discover, for example, that radio somehow is of a frequency that makes the cloth vibrate at a frequency that vaporizes the raindrops, which is useful and something that nobody expected, then you could get a patent. Your chance of getting a patent will improve if you then experiment with different cloths and radio tuners to get a much better product. You need unexpected results to get the new combination patented.
Good luck!
Kevin E. Flynn agrees with this answer
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