Discussion:
Is this statement entirely accurate?
(too old to reply)
Peter Olcott
2010-02-24 16:13:46 UTC
Permalink
All that it takes to create something new under the Sun
(according to the patent office) is to combine two or more
pre-existing concepts to provide a substantial new benefit.
As long as this combination is not shown in published prior
art, it is patentable. In some cases it is patentable even
if the combination is shown in prior art, if the new use has
not also been shown.
Barry Margolin
2010-02-25 02:05:21 UTC
Permalink
Post by Peter Olcott
All that it takes to create something new under the Sun
(according to the patent office) is to combine two or more
pre-existing concepts to provide a substantial new benefit.
As long as this combination is not shown in published prior
art, it is patentable. In some cases it is patentable even
if the combination is shown in prior art, if the new use has
not also been shown.
Every patented invention fits that description, doesn't it? They can
all be broken down into component parts that were already known.
Patentability requires that the combination and use be novel and
non-obvious.

So if you can come up with a new use for a paper clip that's not
obvious, you can potentially patent it.
--
Barry Margolin, ***@alum.mit.edu
Arlington, MA
*** PLEASE don't copy me on replies, I'll read them in the group ***
Peter Olcott
2010-02-25 03:13:52 UTC
Permalink
In article
Post by Peter Olcott
All that it takes to create something new under the Sun
(according to the patent office) is to combine two or
more
pre-existing concepts to provide a substantial new
benefit.
As long as this combination is not shown in published
prior
art, it is patentable. In some cases it is patentable
even
if the combination is shown in prior art, if the new use
has
not also been shown.
Every patented invention fits that description, doesn't
it? They can
all be broken down into component parts that were already
known.
Patentability requires that the combination and use be
novel and
non-obvious.
So if you can come up with a new use for a paper clip
that's not
obvious, you can potentially patent it.
I was trying to explain the concept to someone that did not
understand it so I wanted to make it as simple as possible,
while remaining as precisely correct as possible. I think
that a "new use" patent may not even require more than one
thing. As I seem to recall ether was patented as an
anesthetic.
--
Arlington, MA
*** PLEASE don't copy me on replies, I'll read them in the
group ***
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