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
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
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