Pat wrote me asking, "In my invention, can I use part of a product that is already on the market? There is maybe a similar product out there I'm sure but used in a different application. Please point me in the right direction."
Pat, your question raises several possibilities. You cannot patent something that has already been patented and it is your responsibilty to do a search for prior art and/or a patent search to find that out. Read How Do I Conduct a Patent Search for Prior Art? If you have to use someone else's invention as part of your invention, you would have to license their patent, "a contractual agreement giving written permission to another party the right to use an invention." Read my basic article "Turning an Invention Idea Into Money" to learn more and talk to an intellectual property lawyer. Your reference to "part of" and "different application" makes your answer more complicated, possible a patentable improvement to a prior invention, however, beyond my scope to say.
Pat, your question raises several possibilities. You cannot patent something that has already been patented and it is your responsibilty to do a search for prior art and/or a patent search to find that out. Read How Do I Conduct a Patent Search for Prior Art? If you have to use someone else's invention as part of your invention, you would have to license their patent, "a contractual agreement giving written permission to another party the right to use an invention." Read my basic article "Turning an Invention Idea Into Money" to learn more and talk to an intellectual property lawyer. Your reference to "part of" and "different application" makes your answer more complicated, possible a patentable improvement to a prior invention, however, beyond my scope to say.
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