Manassas, VA asked in Patents (Intellectual Property) for Virginia

Q: I am a high school student and I would like to file a patent. Is it possible to receive some help and guidance.

Use of a technology currently used in the field of medicine to be put to use in another area. I would like to speak with someone about how to write claims and generally how to do the application.

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

A: In order to write a patent, you really need specialized training. This is not something that you could do yourself. Legally, you are allowed to, but practically it is not feasible.

As far as taking a product, process or technology from medicine and applying it to another field, this is typically very common in sciences. However, it is not always easy to get a patent.

Firstly, you can't get a patent if you just take something known in medicine and use it in another area. For example, you can't take a device used for measuring the density or water content of tumor tissue, and get a patent on it just because you use it to measure the density or water content in concrete, stored grain, or aviation resin. You really should change the technology somehow.

Secondly, the invention needs to be non-obvious. If you change the technology, and it works as you would predict, then it is obvious, and not patentable.

The other issue that is of concern is what is the reason for filing a patent application. Is it because you have a business that you need the patent for? Is it because you want to put it onto your college application?

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