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
Answered
  • 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?

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.