Rules for Combination Invention Patents

Updated on : 2020-Nov-28 14:10:31 | Author :

The U.S. Patent and Trademark Office grants patent holders an exclusive set of rights for three forms of patents: utility, design, and plant patents. Most patents are for entirely new inventions,USPTO types of patents also may be awarded to parties whose invention is based on new applications using two or more existing patents. If existing patent A and patent B are combined into an entirely new (i.e. "novel" and "non-obvious") use, then the combination of these patents can itself be proprietary. These called known as "combination patents," which were once relatively simple to get however have since been restricted through case law.

 

The following could be a general summary of combination patents and the way the laws have modified throughout the years.

 

1999 Standard for Combination Patents

 

An invention may combine the weather of existing patents to create a replacement invention. Before the ruling by the U.S. Supreme Court in K SR v. Teleflex (2007), meeting the obvious demand for a combination patent was easy.. an invention that was not obvious to a person having the ability within the art was patentable. According to the standard used by lower courts and the U.S. Patent and Trademark Office,USPTO an invention was obvious if there was prior teaching, suggestion, or motivation in the art to combine the weather. this is referred to as the teaching-suggesting-motivating (TSM) test.

 

Standard for Combination Patents after 2007

 

Under the previous standard, it absolutely was easy to receive a patent on an invention that combined the elements of multiple inventions. After the ruling in KSR v. Teleflex, the standard changed.

 

Facts: Teleflex was the owner of a combination patent on a gas pedal that might be adjusted according to the driver's position in the seat and an electronic detector that could each sense and transmit the position of the pedal to the vehicle's pc. KSR entered into a contract with General Motors to produce adjustable gas pedals with sensor throttle controls that it had created. Teleflex sued KSR for patent infringement.

 

Ruling: The court considered the question of whether a sensor adjustable gas pedal with a whether was an obvious invention. The U.S. Supreme Court that associate degree "ordinary innovation" was not patentable. The court defined this because of the combination, alteration, or unity of elements, techniques, items, or devices, where everyone performed its intended function. Teleflex's adjustable gas pedal was just such a normal innovation,USPTO according to the Supreme Court. The pedal, therefore, was not patentable, even if it had been able to pass the TSM test.

 

The decision in Teleflex expanded the definition of obviousness and made it tougher to obtain a patent. combinations of various technologies that utilize each technology's original function will under not be patentable beneath the Court's call. To receive patents once Teleflex,USPTO inventions should constitute truly novel developments in their fields.

 

Need Help with a Combination Invention Patent? Call an Attorney

 

Given the difficulty in obtaining a mixture patent, your situation may require professional legal help. Think about meeting with a patent law lawyer if you have any queries or need counsel.

 

 

Additional Resources

 

 

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