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 New York. Patents for new uses of existing products are called “secondary patents” or “improvement patents.” To qualify for a patent for a new use, the new use must be non-obvious, novel, and useful. It must also meet all the other patent requirements, such as novelty, non-obviousness, and utility. The patent office will consider whether the new use is non-obvious in the context of the existing product. If the new use is substantially different from the current use of the existing product, it may be considered a new and non-obvious use and thus may qualify for a patent. For the new use to be useful, it must have some use or purpose. It must also contribute to the existing product’s utility. For example, if you invent a way to use a vacuum cleaner to clean carpets, that would be considered a new and useful use of the existing product. The final step is to file a patent application with the United States Patent and Trademark Office. You must provide detailed information and drawings to demonstrate how the new use works and the new benefit it confers. A patent attorney can help you with the application process and make sure your patent meets all the legal requirements.
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