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Old technology - new use

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royalwulff

Junior Member
What is the name of your state? Colorado

I'm seeking protection for an idea that to my knowledge is not being used anywhere. The problem is that the technology I want to use already exists, but for different purposes. So I don't think it's patentable. Or is it?

In my scenario, the technology is already being used and the final product is also already existing, but the two have never been combined.

Lets say that back in the early 1900's someone wanted to use a combustible engine to power a sawmill that was previously powered by water. Both the combustible engine and the sawmill were both already in use, but not together. Can an idea like that get some time of protection?
 


divgradcurl

Senior Member
I'm seeking protection for an idea that to my knowledge is not being used anywhere. The problem is that the technology I want to use already exists, but for different purposes. So I don't think it's patentable. Or is it?

It would depend on the exact facts -- there may be some situations where a new use for older technology may be patentable, but it is generally pretty tough to obtain a patent on technology that already exists.

In my scenario, the technology is already being used and the final product is also already existing, but the two have never been combined.

See above.

Lets say that back in the early 1900's someone wanted to use a combustible engine to power a sawmill that was previously powered by water. Both the combustible engine and the sawmill were both already in use, but not together. Can an idea like that get some time of protection?

That answer would almost certainly be "no." It is generally considered an "obvious" improvement to an existing technology to substitue one part with another, more modern part. In order for such a substitution to be patentable there would have to be some unexpected benefit, not just the expected improvement.
 

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