Kansas City, MO asked in Copyright and Patents (Intellectual Property) for Kansas

Q: Can i incorporate the use if one patent (ie toy ) as primary subject in another patent if outcome provides new service

Move object from point A to point B using a patented toy to made life easier

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Pittsboro, NC

A: Many patented processes use patented components in the process. Sometimes the company seeking the patent on the process owns the patents on the tools or components used in the process, sometimes they do not. It does not matter.

That said, your own idea will need to meet the test of being non-obvious to a person of ordinary skill in the art of making this sort of process. That person will be deemed to know of this toy so you will need to have some inventive change to how the object is maintained on the toy or some other nuance in order to avoid a claim that it is obvious to use the toy in this manner.

Kevin E Flynn

Peter D. Mlynek
Peter D. Mlynek
  • Intellectual Property Lawyer
  • Moorestown, NJ

A: Hard to say, but it would likely be difficult to get a patent for the use of a toy.

More importantly, just exactly how are you going to make money on this? I mean, a patent attorney will be happy to take your money to get a patent for you, but what are you going to do with it?

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