Patenting for a specific industry

[apmntm]

Can someone obtain a patent for a process that is already out there (probably patented ), only that the new one would address a specific industry?

Let's say that the existing process is referring to overlaying images. The principle being the same, but the new one is only concerning images containing cars, would this be patentable?

Thanks!

[divgradcurl]

Originally Posted by apmntm

Can someone obtain a patent for a process that is already out there (probably patented ), only that the new one would address a specific industry?

Let's say that the existing process is referring to overlaying images. The principle being the same, but the new one is only concerning images containing cars, would this be patentable?

Thanks!

Probably not. If the original patent is broad enough to cover the new process, even if it did not discuss the new process in the patent, then certainly not, because it is already patented.

If the original patent is not broad enough to cover the new process, then it becomes a question of whether or not the new process is "inventive," or if it is just an obvious evolution of existing inventions. Patents are not granted for mere evolutionary improvements.