In the process of altering an already patented proven chemical process. would someone be able to patent an process in which the outcome may be the same as the already patented process? and if so what would be a way out patented an process thats based from an already patented patent?
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"and if so what would be a way out patented an process thats based from an already patented patent?" I'm afraid I can't parse this sentence. What did you mean?– MacaCommented Feb 23, 2017 at 3:32
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What do you mean by saying that " the outcome may be the same"? Same chemical product? Same yield? Same purity? If you alter the process, something, even minor, will be different.– chempatent1981Commented Feb 23, 2017 at 6:43
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1 Answer
Would someone be able to patent a process in which the outcome may be the same as an already patented process?
Yes, as long as the new method was novel and non-obvious. In this case, your patent would be limited to the process, and not the product itself (since the product is not novel).
Example
Assume there is a prior art patent, with claims:
- Product X.
- A method comprising mixing substance A and substance B to obtain product X.
If you discover that you can substitute some substances, and this substitution was not obvious, you could patent:
A method comprising mixing substance A, and substance C to obtain product X.
This is because this method is novel (since it's different from the prior art) and non-obvious (since the substitution is not obvious).
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1You might point out that the new process might not allow you to manufacture product X if the product itself is patented.– Eric SCommented Feb 23, 2017 at 15:47