Developing a New Method for an Existing Product

If a product already has a patent, can you still come up with a new way to use it and get your own patent? The answer is yes. You can absolutely patent a new, inventive method of using an existing product, even if that product is already protected by a patent.

I’m JD Houvener, the founder of Bold Patents Law Firm, and I’ve spent over a decade helping inventors. In fact, I’ve helped secure nearly 500 patents so far. I’m also the author of Bold Ideas: The Inventor’s Guide to Patents. I’d love for you to check out our free inventor kit—it includes a copy of my book, plus guides on patent searches and drafting applications.

Now, let’s dive into your question. You can’t patent the actual product or system if it’s already patented, but you can patent a new method or process for using that product. For instance, if you have a fan that’s already patented, you could potentially patent a unique way of using that fan.

Let’s say you invent a method of using a fan to herd goats in high altitudes. The fan would create a sound that only goats can hear, leading them to a specific area. If that method is new, useful, and not obvious, you could qualify for a patent.

But here’s the key: you’ll need to research to ensure no one has done this before. If someone’s already used a fan like this for a similar purpose, your idea might not be patentable. It’s all about proving that your method is unique and non-obvious in the industry.

Even if your method is patentable, think about whether it’s practical. Will it make sense in the market? Can you actually protect it and stop others from using it? Detecting infringement can be tricky, so it’s important to consider these factors before moving forward.

Hopefully, this clears things up! I’ll be back with more insights in the next video. Thanks for joining me—I’m JD Houvener from Bold Patents. Go big, go bold!