Legal Definitions - exhausted combination

An exhausted combination, sometimes referred to as an "old combination," describes a concept in patent law where an invention is claimed to be new, but it merely combines existing, well-known components or steps in a way that produces only the expected results of those individual components or steps. The combination itself does not offer a new or surprising function, nor does it achieve a synergistic effect that goes beyond the sum of its parts.

Because the individual elements and their combined operation are already known or would be obvious to someone skilled in the relevant field, such a combination is generally not considered novel or inventive enough to qualify for patent protection. Essentially, the "inventive step" required for a patent is missing because the combination doesn't do anything new or surprising that wasn't predictable from its individual components.

• Example 1: A Basic Kitchen Tool

  Imagine an inventor claims a patent for a "new" kitchen utensil that consists of a standard, commercially available spatula attached to a standard, commercially available whisk. They argue it's a revolutionary tool for both flipping and stirring food.

  How it illustrates the term: Both spatulas and whisks are well-known kitchen implements, and their individual functions (flipping and stirring, respectively) are entirely predictable. Simply attaching them together, while perhaps convenient, does not create a new function or an unexpected result beyond what a spatula and a whisk can already do individually. The combination merely performs the sum of the functions of its known parts without any novel synergy, making it an exhausted combination.

• Example 2: A Home Automation System

  Consider a company that develops a "new" smart home system by integrating three existing, off-the-shelf components: a standard Wi-Fi enabled light bulb, a commercially available smart speaker, and a widely used smartphone app for controlling smart devices. They claim their system offers a unique home automation experience.

  How it illustrates the term: Each component—the smart bulb, the smart speaker, and the control app—is individually known and widely available. Combining these existing technologies to create a home automation system, where each component performs its expected function (lighting, voice control, remote management), does not typically result in a new or non-obvious invention. The combined system simply performs the sum of the functions of its known parts without any novel synergy or unexpected outcome. Therefore, this would likely be considered an exhausted combination, lacking the inventive step required for a patent.

• Example 3: A Data Analysis Process

  A data scientist proposes a "new" method for analyzing customer feedback by combining three existing software tools: a standard text sentiment analysis program, a common database management system, and a widely used data visualization application. They claim this combination provides a unique insight into customer opinions.

  How it illustrates the term: Text sentiment analysis programs, database management systems, and data visualization applications are all established and widely used technologies in data science. Integrating these existing tools into a single process, where each tool performs its original, expected function (analyzing text, storing data, displaying results), does not typically create a new or non-obvious method. The process merely aggregates known functionalities without introducing a novel interaction or an unexpected analytical outcome. This would be an exhausted combination because the combination itself does not present an inventive step beyond what is already known in the field of data analysis.