A patent question.

**ubba1987** · 07-23-2006 11:27 PM

From my understandings from reading the online documentation provided by the USPTO site, a patent can be obtained for new inovative products, and or enhancements to products.

The question that I have is this. If you have a new idea on how to use an existing product, can that be pattented?

For example ( a bad example but you might get the idea ).
Let's just say there is a patent on a normal pencil, but you realize that instead of using it as a writting instrument, you could actually use it as a paint mixer.
How can you protect your intellectual right on how a product is used for an existing product?

I can try and explain further what I am saying if you do not follow what I have already said.

**BOG** · 07-23-2006 11:34 PM

Unless you change the design, your patent will be rejected. You can't steal someones dildo design, and call it an anal probe and patent it as your own design. It's not yours.

**ubba1987** · 07-23-2006 11:56 PM

Ha ha ha.

True, ok, then lets say you modify the design slightly as to make it your own design. But I guess, what I would like to know is this. Is it possible then to get a patent on a design originally steming from another.

I have a great idea (dont we all) on how to use an existing product in a realm where it was never intended. I need to modify it by about 20-25% and thats it.

Very simple, very small and very cheap to manufacture. I just need to get some clarification from someone who might know something about pattents.

**Nigami Enterprise** · 07-24-2006 12:02 AM

I am pretty sure it has to be modified by 40% which can include design /size/ weight for example.

**akula** · 07-24-2006 12:10 AM

Originally Posted by ubba1987

From my understandings from reading the online documentation provided by the USPTO site, a patent can be obtained for new inovative products, and or enhancements to products.

The question that I have is this. If you have a new idea on how to use an existing product, can that be pattented?

For example ( a bad example but you might get the idea ).
Let's just say there is a patent on a normal pencil, but you realize that instead of using it as a writting instrument, you could actually use it as a paint mixer.
How can you protect your intellectual right on how a product is used for an existing product?

I can try and explain further what I am saying if you do not follow what I have already said.

legal advice - not appropriate forum