Is it possible to patent a new use of an existing product?

Yes, it is possible to patent a new use of an existing product in California. Generally, a patent protects a physical, tangible invention which is novel, useful, and non-obvious. However, it may also protect a new use of an existing product. This would be considered a “method” patent. Limitations may apply, such as the fact that the application needs to be more than a simple “business method”. Method patents can be granted for a new way of using an existing product. For instance, if someone came up with a new way to utilize a gadget to achieve a certain purpose, they could apply for a patent as long as their method of use is novel and non-obvious. To be accepted, the patent application must include evidence that the new use of the existing product is different than its original use. In California, the process for obtaining a patent is detailed, and there are specific requirements that must be met in order to be eligible. All applicants must provide detail about their invention or new use, and submit an application with the US Patent and Trademark Office. Applicants can also use a patent attorney or agent to represent them during the process. Overall, it is possible to patent a new use of an existing product in California. As long as the invention fulfills the requirements of novelty, usefulness, and non-obviousness, it can be patented. However, applicants should be aware of the detailed process for obtaining a patent in California, and should consult with a patent attorney or agent before starting the application process.

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