Question
Can an invention be patented if it is created by combining existing available components, but the combination has never been used. And few components are fabricated to use in the patent and it also uses the embedded software.
Example :
Suppose F is the function required with fixed action provided by device x
F=X(fixed action)
A new device is invented to output the function F but not in a fixed way but in a variable way,.and also the principle to operate is modified.
To do so,
INVENTION
(F=CC+EC+MC+ES)
CC=Costom made component
EC=Existing Available component
MC=Microcontroller
ES=Embedded software installed in MC
Can the Invention be patented?
If yes,
Should the completed invention be patented ?
Or
What if only part of the invention is patented to broaden the scope of use of the invention?
Should it be also be patented under Industrial Designs Patent Laws,where the design aspect of the patent is patented?
Example : (CC+EC)
Answers: 3 public & 0 private
An invention concerrning a combination of existing available components, that has never been used, may be patented in case that the invention is, in view of the state of the art, novel and involves an inventive step according to applicable (national) law.
It can be patented but you need to demonstrate that it is not obvious. Most famous case is use of Velcro which is available in nature, However the use of Velcro in shoes is patented.
Rucapillan IP is a leading patent commercialization & management firm. Contact us at ramandeep.singh@rucapillanip.com
Most patents are improvement patents, therefore the short answer is that your invention is likely to be patentable. As for the chances of actually being patented, you would have to consult a patent professional truly expert in the particular field with which you're concerned. This applies to utility patents. For a design patent, the invention to be patented must have a unique design, appearance, structure, or the like. You can in fact also obtain both utility and design patents for the same invention - see USP 7617957 and USD
554963.
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