Can we patent, PROCESS to use of existing product in better way

Here you can find announcements regarding the EPO's patent information products and services, events and activities.

Please also feel free to ask questions and share information on general patent information matters.
Post Reply

erashish14
Posts: 4
Joined: Wed Apr 13, 2022 9:16 am

Can we patent, PROCESS to use of existing product in better way

Post by erashish14 » Wed Apr 13, 2022 9:46 am

Hi Expert,

I'm working on a project, where existing devices are used, but in a better way, which improves his efficiency, without adding anything new, just replacing the space where they are used,

e.g. as we are using refrigerator, but i'm just working to place it somewhere, where its electricity consumption gets reduced significantly & provides better cooling,
so can we patent the process, as I'm not adding any new device to it, but just changing its place/process to use it efficiently,

kindly clear my doubts,

Thanks in Advance
Ashish


EPO / Innovation Networks
Posts: 724
Joined: Wed Nov 12, 2014 3:36 pm

Re: Can we patent, PROCESS to use of existing product in better way

Post by EPO / Innovation Networks » Fri Apr 15, 2022 7:28 am

Dear Ashish,

As in any other patent grant procedure, you need to be thoroughly familiar with patent matters if you are to steer your way successfully through the European route. So if you lack the requisite experience, we advise you to consult a professional representative before the EPO. A searchable database of professional representatives can be found on the EPO website at www.epo.org/applying/online-services/re ... tives.html.

Under the European Patent Convention (EPC), European patents are granted only for inventions which are new, involve an inventive step and are capable of industrial application. An invention can be, for example, a product, a process or an apparatus. The European patent system is based on the concept of absolute novelty, as is laid down in Article 54 EPC

For further information on patentability, see Part B of the Guide for applicants: How to get a European patent and Part G of the Guidelines for Examination in the EPO.
Kind regards,

The Innovation Networks Team


erashish14
Posts: 4
Joined: Wed Apr 13, 2022 9:16 am

Re: Can we patent, PROCESS to use of existing product in better way

Post by erashish14 » Fri Apr 15, 2022 9:58 am

Thanks for Guidance, as I mentioned no new equipment are added in my concept, but the way/process they are used is changing, which improves it's utilisation & it do have very huge market, so should I go for patent of the same or not

& 1 more question, how can I'll be sure , if I consult any person (maybe patent authority), & tell him my concept,
at that moment, he'll tell me it's not patentable but later on he himself or with someone else, patent got registered,
so how can i'll sure for that, is there process for the same (atleast in India)

Thanks in advance


EPO / Innovation Networks
Posts: 724
Joined: Wed Nov 12, 2014 3:36 pm

Re: Can we patent, PROCESS to use of existing product in better way

Post by EPO / Innovation Networks » Tue Apr 19, 2022 9:36 am

Dear Ashish,

In all cases the principles of novelty, inventive step and commercial application apply.
If the process
  • is certainly a new and not obvious way of using the product (please see novelty and prior art section of inventors guide),
  • and there is an inventive step (it means that no one else has thought of this way of doing things),
  • and it adds value to the use of the product,
  • and if it has a viable commercial application, that somehow this process can be commercialised ...

then you have a good chance of getting a patent, but you can never be sure.

There are no accurate statistics, but some experts estimate that for every recorded invention that eventually reaches the market, ten never will. This means that if you want to find out if your invention is novel, you should indeed search products past and present - but you should also search much further.

We recommend that you consult a trusted representative, which you will need in any case as an Indian resident if you decide to proceed with applying for a European patent.

Please also consult the Inventors Handbook

If you still have questions, please contact us via our online contact form.

Best regards,
EPO User Services


erashish14
Posts: 4
Joined: Wed Apr 13, 2022 9:16 am

Re: Can we patent, PROCESS to use of existing product in better way

Post by erashish14 » Tue Apr 19, 2022 10:23 am

Thanks Dear for Guidance,
I'll get in touch with some authorized patent advisor, & see if I can proceed for my patent & give a better process of using existing product & hope u'll be using the same in coming days :)

Thanks again for support,

Regards
Ashish


Post Reply