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Inventiveness
Posted by Anonymous . updated on 11/10/2009
Can I patent a product that is particular to my business, but that incorporates a technical function already in the public domain, but not used with the product we wish to make.
Answers (1)
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Sanaa T...
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In the United States, in order to meet the litmus test of patentability, an idea must satisfy a three-pronged test of novelty, non-obviousness, and utility. Also, the invention must not have been in public use or sale in the US for more than one year prior to date of filing the patent application. The US patent statute states that an invention is deemed obvious, “…if the difference between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious to a person having ordinary skill in the art to which the subject matter pertains.” The “utility” requirement is probably the easiest criteria to meet as virtually any usefulness is considered to meet the “utility” requirement.
Mostly, if the technical function already exists it may be considered to be a prior art and it is quite possible that a person reasonably skilled in the art may use it with the product you wish to make.
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