patenting a product for a different use then its used for now

[skipwankma]

What is the name of your state? What is the name of your state? NY

I would like to know if it is possible to patent another companies product as my own b/c I have discovered it works for a completely different use than it is being manufactured and sold for now.

Im pretty sure this company has not patented its product. In fact I could make their item myself with some minor changes(in size, shape,etc) . What Im interested in doing is patenting this item (or my own copy) for the use I have discovered it for. Im not looking to patent this and then turn around and give that company a legal battle (I could care less if they keep making it and selling it as it is now, I just dont want them to start selling it and compete against me)


Is this possible? Can I just go ahead and submit my patent (with a patent lawyer) with a drawing of the item, I do not need to tell them (USPTO) that XYZ corp makes a similar item for use in XXX industry, since my industry is completely different and that XYZ would have never discovered its other use without my telling them?

I need guidance!

 

[racer72]

Patents are issued only for new designs, not new uses. You have no legal claim even for using the item as your own. Patents extend for all designed uses and other future uses. If they start selling the item for the use you found, you would have no claim.

 

[skipwankma]

NYS.

Does that apply if they failed to patent the item I am talking about?

Also, would I need thier permission to resell their item under my own packaging and use? Would I need their permission if the item is not currently patented?