General Question about using existing devices.

[johnt1]

What is the name of your state? Florida

I am awaiting two books from Amazon regarding patenting, so I have a lot to learn, but I was hoping someone could answer one question...

I have an idea that I hope will revolutionize the use of a medical device. It is not a blood pressure device, but I will use that as an example. A modern, digital blood pressure measuring machine is essentially composed of two separate devices... the air pump/digital measuring unit and the cuff (which are connected by the hose).

Let's say I thought of a totally new way to produce the air. The device/devices I want to integrate to become the "machine" that produces and measures the air already exist separately as patented inventions, but have never been integrated together to become such a device. And of course the arm cuff already exists as a patented device. Again, this new device would revolutionize the way blood pressure is measured, and it has never been done in such a way before and would be much more effiecient. But all of the "components" of both parts of the device are likely to have already been patented as
separate devices, but never brought together to create the new device. In other words, the mechanics and processes of each component already exist today and are utilized by other types of devices in other fields. And the overall mechanics of the new blood pressure machine will not be changing... pressurized air will still be generated and sent to the cuff and subsequently measured. In addition, I would be expanding on the way the "cuff" is utilzed... to be used on other body parts (same cuff technology, but made for other body parts).

Generally speaking, is this new device patentable? Would one have to pay royalties to the owner of each existing component? Or would purchasing most of the components pre-made be sufficient?

Thanks!

 

[divgradcurl]

Generally speaking, is this new device patentable?

Generally speaking, combinations of existing products or inventions can be patented. However, when you get your books, pay careful attention to the issue of "obviousness," 35 U.S.C. 103. Combinations of known items sometimes have trouble obtaining patent protection because the combination would be legally "obvious."

Would one have to pay royalties to the owner of each existing component? Or would purchasing most of the components pre-made be sufficient?

Again, generally speaking, if you buy a legally-manufactured and sold device, any patents covering the particular device are "exhausted," meaning that you can't be sued for patent infringement by using or reselling a legally manufactured and sold patented product. In other words, if "A" is covered by a patent, and "B" is covered by a separate patent, and you purchase legal copies of A and B, you could resell the combination of A+B legally, without further compensation to the patent holders, as their rights were "exhausted" by the sale of the products.

Of course, this assumes that nobody has a patent on A+B. And this also assumes that the patents cover devices, or portions of devices, and not methods for using said devices. Melthod claims do not always get exhausted in this way.

Get you books, read them, then consult with a patent agent or patent attorney -- that is your best bet.

 

[johnt1]

Thank you so much for the valuable information! I received my books on Saturday and started the long process of learning about IP laws.

I think my idea is truly non-obvious enough to pass the test. Also, I believe that I failed to mention in my original post that there will be a newly designed manufacturing process to construct part of the unit using the pre-existing components. This process will also likely become part of the new patent.

This is truly a fascinating area of law! Although I must say that i was surpised how little protection one has until the aptent is approved. I was mistakenly under the impression that "Patent Pending" carried a lot more weight.

In the end I think I will digest the books, follow the advice to get as close as I can, then have a competent attorney review what I have accomplished and take it from there. I want to get this right the first time around!

Thanks again for the assistance... I may return with more questions in the future.