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Can you file for a Utility Patent using a product that is already patented?

whitneyk's Avatar

My question is I have both a new design on an existing product which is being used in the marketplace extensively.  My new design is completely different which would fall under a design patent.  

However more importantly I am wondering if I am able to file for a utility patent for a line of products which would rely on using a product that their technology is already patented and applied in a variety of products currently in a variety of industries, however it is currently not being used within this industry for a specific purpose.  

Am I able to file both a utility and a design patent in this case using this already patented technology for this specific industry? 

Thank you for any sound feedback!  

WK

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magurn's Avatar

Hi Whitney!

It is not Edison Nation's policy to provide patent guidance. We would recommend you discuss with a patent attorney to determine the best strategy to move forward.

Best of luck!

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