Q: If I receive a patent for a device to perform a specific function, can I use that exact device for different function?
And still be protected under that patent?
A:
It all depends on what you have in the specific language of the claims. If the claims are closely tethered to a specific use case then they may not apply to another use case.
Not sure what you mean by function. A patent on a method of using a screwdriver to drive screws is unlikely to apply to using the screwdriver as a paperweight or using the screwdriver to pry weeds from between the cracks in the sidewalk. But a patent claim on the features (shape) in a claw hammer does not care what you do with the hammer. You can pull out nails or open a paint can.
If you mean that you have a tool that is useful in one field (maybe poultry farming) and you find a new use in cake decorating, then maybe you can rework the claims to focus on the micro-task achieved rather than the context of how that microtask fits within a broader field.
This is where patent attorneys earn their fees. Work with a good patent attorney to either obtain appropriate claims in your current application, file a continuation, or file a broadening reexamination of existing claims that came out less than two-years ago.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
