Q: Im writing a patent where i found a new use for an already exisitng technology incorporated in a new product.

A: Thanks for reaching out. I hope this helps.

Your situation involves a potentially patentable new use for an existing technology, and this is distinct from the concept of patent exhaustion.

I'll do a quick deep dive into this (remember, these are just thoughts, and this is not legal advice and I am not your attorney):

1. You can and should discuss the existing technology in your patent application, particularly in the background section. This helps establish the context and novelty of your invention.

2. It doesn't look to me that patent exhaustion would apply here. "Patent exhaustion" refers to the concept that a patent holder's rights would become "exhausted" once they sell a patented product. Your question suggests that you have created a new invention using existing technology, not that you would be reselling patented products.

3. Your patent would be for a new use or application, which can be patentable (even if your idea incorporates existing technology). This is known as a "new use" patent.

4. Purchasing and using existing technology in your new product does not infringe on the original patent, as long as you're not reproducing the patented technology itself without the permission of the patent holder.

Consider conducting a search through prior art to ensure that your new use is indeed novel and non-obvious.

For more detailed information, consult the USPTO's Manual of Patent Examining Procedure (MPEP), particularly sections 2112.02 and 2145, which discuss process claims and new uses for known products. Additionally, I would contact a patent attorney who can help you figure out the details of how to proceed with your particular circumstances.

A: You can discuss the already existing, patented technology in your patent application as long as you do not attempt to claim the existing technology as your own invention. Instead, focus on describing how your new use or application of the technology is unique and innovative.

Patent exhaustion typically applies to the rights of the patent holder after the sale of a patented item, meaning that once you purchase the technology, you can use it as intended. However, incorporating it into a new product with a novel use does not automatically result in patent exhaustion as long as your claims are directed toward the new use or improvement.

Ensure that your patent claims are carefully drafted to highlight the innovative aspects of your product, specifically focusing on what makes your use of the existing technology unique. This will help distinguish your invention from the already patented technology.