Brooklyn, NY asked in Intellectual Property for New York

Q: I have a novel use for a product that’s been out for years Is that patentable?

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1 Lawyer Answer
Kathryn Perales
Kathryn Perales

A: Without knowing more, I'd say that it is unlikely but possible. If your invention doesn't change and improve an existing thing, then you'd only be looking at patenting a method to do something useful or to make something. If the method of using the existing thing is new, useful and non-obvious, then your new method might be patentable. Keep in mind that "non-obvious" may mean something different in patent jargon than you think. Also, not all things that are methods are patentable.

Bernard Samuel Klosowski agrees with this answer

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