New Use for an Existing Material

rawironpower · Newbie Joined: Jan 15, 2009 Posts: 1

As I understand it, a new use for a known material may be patentable if there is an improved quality, or if the performance of the part is improved. What about if the benefit or the improved quality of the of the old part from a new material is the fact that it is not made out of the old "bad" material?

I want to patent an existing object that is made out of a material that has never been used to make this object. The improved quality of the new object is the fact that it is not made from the traditional old material--which has negative attributes. Does this qualify to be patented?

apapage · Newbie Joined: Oct 29, 2009 Posts: 3

Did you invent this new material? If not, then the problem that you will have is to overcome the notion that it would be obvious to take this material and combine it with a known item. There are ways to argue in your favor, but it won't be easy just on these circumstances alone.