Welcome to the forums!

Our encouraging community is a dedicated resource for innovators everywhere.

Learn about industry trends, common questions,
and stay informed of the latest happenings at Edison Nation.

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!  


posted    Report this topic
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!

posted    Report this post