New application for old product


A patent covers all applications of the invention, even if the application is not mentioned in the patent. Therefore, a new patent will not be awarded to someone who discovers a new application for the product. For example, a patent for a surgical tool may disclose several surgical techniques that the tool facilitates. No new patent can be issued on the same tool if someone discovers that it works on animals as well as humans. Even if all of the literature about that tool refers to human surgery, it is not a patentable invention to discover that it works on pets or other animals as well. 


Back to Glossary List >>
© 1999- 2018 Smith and Hopen, P.A.  SMITH & HOPEN® and logo are federally registered trademarks.  Legal