Patentable?

[det]

What is the name of your state?NC

New to this site. Great site with lots of valuable information. I was hoping you could help. Is a new kit that combines ordinary items together for a specific function patentable? For example, could an emergency medical kit which combines gauze, bandages, etc. to be used for medical emergencies be patented? How about if the function was more specific (items still ordinary) such as a biohazzard emergency kit? If it can, then what if a competitor changes a few items in the kit, would that circumvent the patent even if the kit is marketed for the same purpose? Thank you for your time.

Detlef

 

[divgradcurl]

Here's the law that says what is patentable:

"Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title."

35 U.S.C. 101

A collection of objects themselves would not be patentable unless that collection of objects did something "novel." A first aid kit would not qualify as novel. The collection would have to have some novel functionality beyond simply the core functionality that the objects each possessed. For example, if you had a collection of regular obects that, for instance, cured cancer when put together in a certain way, then that would very likely be patentable -- but the "invention" is the method to cure cancer (in this example), and not the collection of objects on their own. Basically, the general rule is that for a grouping of ordinary or well-known objects to be patentable, the combination must have an outcome that is "unexpected" by one "skilled in the art."

So, a first aid kit, even if it is a specialized first aid kit, wouldn't qualify, because the "outcome" of putting the kit together is to be able to provide first aid to someone -- hardly an unexpected result from a first aid kit. If the first aid kit, as put together, created a WMD or something, then that might be unexpected and therefore patentable.

Basically, there isn't any way -- patent, trademark, copyright, whatever -- to protect a grouping of ordinary objects from being copied.

 

[det]

Thank you and off topic

NC

Thank you for your quick response, it was very helpful. This next question is a little bit off topic. As you may have guessed, I feel I have this great idea for a kit that has huge market potential. As you have pointed out, it is not patentable. In your experience would it be better to try to put a kit together and market it with retail stores knowing that the big boys will put one out themselves if it hits, or go to the big boys and tell them the idea with the hope of getting a percentage of the profits on an idea that can not be protected, easily copied but nobody has done yet? Thanks again.

Det

 

[divgradcurl]

I don't hasve an answer for your second question, sorry!