An Auto product that provides a good 100% of a particular major solution to everyday consumer. Not yet promoted for such use yet.
I can’t think of any situation where a new use for an existing product is eligible for patent protection.
If possible, you should file a patent application, through a registered patent attorney, before you "pitch" a potentially patentable invention to a company.
It is important to keep your potentially patentable invention confidential and not do any sales or offers for sales prior to filing, because although there is a 1 year grace period in the United States, in most if not all, foreign countries there is no such grace period.
You may lose your rights to patent something based on your conduct.
You should discuss this immediately in a private consultation with a registered patent attorney. Many registered patent attorneys, may have free initial telephone consultations.
Legal Disclaimer- the information provided herein is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney / client relationship. Although effort has been made to ensure that the answers are correct, Law Office of Walter Tencza Jr. cannot and does not offer any warranty, express or implied that the answers contained are accurate statements of law. This document is provided for informational purposes only. Viewers must not act upon any information without first seeking advice from a qualified attorney outside the context of this document.
Your question and description isn't entirely clear -- don't post confidential information on Avvo -- but if your product or method is new, useful and non-obvious and relates to technology it may be patentable. Retain a patent lawyer.
This answer is written to explain situations which may come up involving intellectual property law issues. It does not give specific legal advice about specific fact situations. If you have a specific fact situation in mind you should ask for professional legal advice about the relevant facts. Seemingly minor changes in facts may change a legal opinion dramatically. Space here does not permit an explanation of all the variables in complex legal areas. Dave Brezina is an Illinois lawyer and his profession is regulated under the authority of the Supreme Court of Illinois. Although he represents clients nationally and internationally, his law practice is performed in Illinois and is not subject to regulation by other states. Dave Brezina is also a Registered Patent Attorney and a patent practice is regulated by the US Patent and Trademark Office a Federal agency and is not subject to regulation by the states. The firm, Ladas & Parry, LLP, has attorneys admitted and offices in at least Illinois, New York and California. Finally, do not post confidential information. There is no an attorney client relationship created simply by correspondence or communication with the author of this site.
You cannot patent the product if it is not new. But you can patent a new process using an existing product if the process is new. In any case, you are well advised to consult with a patent professional (attorney or agent) as soon as possible. Many patent professionals offer a free, no-obligation initial consultation. Note also that a registration to practice as a patent professional is a nation-wide license, so you are not limited to consulting with patent professionals in your state.
Basic information concerning patents:
What can be patented ― utility patents are the most common type of patent and are provided for a new, non-obvious and useful:
• Article of manufacture
• Composition of matter
• Improvement of any of the above.
The claimed invention must be: comprised of patent-eligible subject matter; useful; novel; non-obvious; adequately described or enabled (for one of ordinary skill in the art to make and use the invention); and claimed by the inventor in clear and definite terms.
You should be aware that U.S. patent law provides that an invention CANNOT be patented if:
"(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention" or
"(2) the claimed invention was described in a patent issued [by the U.S.] or in an application for patent published or deemed published [by the U.S.], in which the patent or application … was effectively filed before the effective filing date of the claimed invention."
— There are certain limited patent law exceptions to patent prohibitions (1) and (2) above.
Before you decide to file a patent application, you should discuss your product with a registered patent attorney or agent.
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