Using An Existing Patent In New Product

[Narfi]

Hi, after nearly two years of research and discovery, I think I may be close to creating a workable prototype of the product I'm trying to develop. My idea will require a particular type of adhesive closure that I have found on a product that is available from a company in Taiwan. The owner of the existing product has a patent for the adhesive closure, but he is using it for purposes that are no where near the purpose I would use it for with my product. My questions: -Can I obtain a patent on a product if it is based on(or built from)an existing patented product? -Would it be considered a "new use" patent?

-Would I have to get permission from the current patent owner first since it truly is his unique patented technology that would make my product possible?

-Can I just order his product as raw material and use it to create my product?

Thanks in advance.

[jomei69]

Hi Nikki, I see you have quite a few issues. Realize, I am not an attorney so what follows is not legal advice: 1. Can I obtain a patent on a product if it is based on(or built from)an existing patented product? a) Maybe and maybe not. Is what you have(a) novel and(b) unobvious therefore meetings the requirements of US patent law?

2. Would it be considered a "new use" patent?

Possibly. Not knowing what the former "it" is makes it difficult to answer. 3. Would I have to get permission from the current patent owner first since it truly is his unique patented technology that would make my product possible?

a) One issue is, will his Claims "read-on" what yours might be. If so likely there would be an issue. What you do is compare your product to his claims. If what you have would "read-on" one of his claims then you might have to resort to acquiring a license to use his property if you're hell-bent on getting to market with it. 4. Can I just order his product as raw material and use it to create my product?

Possibly. Buying something that's been patented generally aquires one a license to use it. This would mean, in your case, to use it with/on what you have as long as you're not also using his marks, brand name, advertising copy or anything graphical or otherwise pertaining to his brand or demeaning what he has in any way. Regards,

Penny Ballou