Legal Definitions - analogous use

Analogous use refers to the application of a process or a trademark in one field to produce a similar result in another field. However, for it to be patentable, the fields should not be unrelated, and the outcome should be novel, useful, and non-obvious.

If a chemical process used in the pharmaceutical industry is applied to the food industry to produce a similar result, it is an example of analogous use. However, if the outcome is not novel, useful, or non-obvious, it cannot be patented.

If a company uses a trademark in marketing and advertising a product or service before the actual sale of the product or service, it is an example of analogous use. However, for the owner to take advantage of the analogous-use doctrine, the marketing campaign must be substantial, and the product or service must be available soon after the campaign. For instance, if a company advertises a new product and then delays its release for a year, it cannot claim analogous use.

These examples illustrate how analogous use can be applied in different fields and how it is subject to certain conditions to be considered valid.