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 North Carolina. This type of patent is called an “improvement patent” and is granted by the U.S. Patent and Trademark Office (USPTO). The improvement patent is specific to the product and its new use, and protects the patent holder from others using the same improvement. To receive a patent, the invention must meet the three main criteria set out by the USPTO. It must be novel, meaning it must not be in public domain; it must have utility, meaning it must be useful; and it must be non-obvious, meaning the invention must not be obvious to someone with ordinary skill in the relevant field. Additionally, the invention must be described in the patent application in a way that is sufficiently clear for a person skilled in the relevant field to be able to make and use it. To start the process, the inventor must submit a patent application. Before the patent will be granted, the USPTO will need to review the application and determine if the invention meets the criteria. If the patent is granted, it may be enforced for up to 20 years after the patent is filed. Patenting a new use of an existing product is a complex process, so it is best to consult a patent attorney or other legal professionals to ensure that all steps are taken properly. Doing so will help ensure that the patent application is properly filed and that the invention is adequately protected from infringement.

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