Q: hello I am wondering if I have a patentable process I am using a similar process to patent #9726971 but using a uv ink
the uv ink gives the advantage of being able to remove the ink from the sub straight after exposure so that there is no ink on the final product
A:
The question is whether those of skill in the art looking at Pat. No. 9,726,971 and everything previously known in all public writings in all languages from the beginning of time would consider your modification of the process in 9726971 to be a non-obvious modification. Notice that the pool of information is not just patents but trade magazines, textbooks, product specs for the UV inks, etc.
If people of skill in the art know that you can substitute a UV ink and it will have the favorable properties that you want, then it is unlikely that you will be able to convince an examiner that this was an invention rather than just good engineering.
If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at
https://lawyers.justia.com/lawyer/kevin-e-flynn-880338
Kevin E Flynn
A:
When it comes to running a business and you come up with a latest product or method, there are always two questions when it comes to patents: (1) can I use/sell my latest product or method without infringing someone else’s patent; and (2) can I get a patent on my latest product or method. You seem to be asking the second question, but it is generally more important to ask the first question. If your business will be doing something similar to what is in US 9726971, then your business should get a non-infringement opinion regarding your business activity with respect to this patent, as well as related patents (9174480, 9023591, 9310687, and 9703198). This should be more important to your business than what you are asking.
But to answer your question: yes, you should be able to get a patent on your process. Provided, however, that your process will somehow yield unexpected results. If you are using the same process as what is in the patent, except that you just changed the ink from a visible ink to a UV ink, and the result is that you won’t see the UV ink (which is as one would expect), then no, you are not going to be able to get a patent. There must be something more to it.
Good luck! And if you need any more help, please ask.
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