Unused Technology Being Patented for New Usages

Richard...

Your question is:  "Is it possible to patent the unused portion of a technology that has never been used, i.e. the technical specifications include some parameters of which only 80% are used in the public domain"?

I'm not sure I understand the question.  Are you stating that a broad technology has been disclosed and an improvement has been developed; and you're asking if the improvement can be patented?

Generally, improvements to existing technologies may be patented, assuming that the improvement is novel and non-obvious.

For example, in 1834 Cyrus McCormick was granted a US patent for a mechanical reaper.  Nevertheless, since 1976 there have been 4 US utility patents issued with the word "reaper" in the title.  Each of these patents (presumably) represent novel, non-obvious improvements on reaping technology.



 - Richard

Tara

Can you get a patent for a new usage on an item that has already been patented? In other words, there is a form of technology that has been targeted toward businesses, but I have an idea how to use the same technology for a different purpose and market it towards the everyday consumer. Can I protect my idea?

JimIvey

If your idea is merely to market the product to a different consumer type, I'd say it's pretty clearly not patentable.  However, new and non-obvious uses for known products are patentable.  The use has to be new and non-obvious, not just to whom you direct your advertising.

An example I saw years ago was the use of those soap holders with many little suction cups to lift stencils from paper to which they tend to cling.  

Regards.

old ideas

in your suction cup example, your patent would only protect you in preventing other in selling the suction cup to lift stencils.
the only thing you have rights to is to use the suction cup to lift stencils.  so in this case, your only advantage is in marketing, as others can sell suction cups, but can not claim to lift stencils.
is my understanding correct?

thanks

JSonnab...

If the claims cover a method of using suction cups to lift stencils, then the patent prevents other people from using suction cups to lift stencils.  If a company sells suction cups and promotes there use for lifting stencils, the company may be liable as a contributory infringer.

- Jeff

Bob gal...

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if i create an virtual reality application using a (assumption) using a known protocol standard which has never been applied for virtual reality applications. suppose the said virtual reality application  is known and the protocol in a standard format available to public. But this protocol has never been used for this purpose. is it patentable?

Thanks in advance!
Bob

JimIvey

If this was addressed to me personally, I apologize for not responding sooner.  I've been out of the forum for a while.  To paraphrase an old bumper sticker, "Stuff Happens."

It might be patentable.  If there are reasons that others have applied the protocol to virtual reality and you found a clever ("non-obvious") way to make it work and/or it solves a problem that others have tried to solve and failed (another way to show non-obviousness), then you'd probably get a patent.

In short, new and non-obvious combinations of known things are patentable.  

However, if there's no reason to believe that the protocol wouldn't serve virtual reality well and it's just coincidental that no one has used that protocol, getting a patent will be challenging (time intensive and/or expensive).

Regards.