Chicago, IL asked in International Law and Patents (Intellectual Property) for Illinois

Q: Is it likely that a patent application for a process that involves an internationally patented product will be approved?

There is only one source of a patented filament for 3d printing. I have come up with a simple way to print the filament, creating a potentially profitable product. It is a novel idea for printing the filament, but a common way of producing similar products.

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: If you came up with a new way of making a filament that is know, then, yes, that is potentially patentable. Your patent would not cover the filament, but it will cover the method.

But there is a problem. The problem is that if you take a known method to make a known product, it will be novel, but it may also be obvious, and thus not patentable. Google MPEP 2143 and read sections (III), para (C) and (D).

If you are really interested in this, you should see a patent attorney for more guidance.

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