Legal Definitions - new-use claim

A new-use claim in patent law refers to a specific type of claim made in a patent application. It seeks to protect the discovery of a novel and non-obvious application for an existing product, compound, or process. Unlike claims for entirely new inventions, a new-use claim focuses on a previously unrecognized utility or function of something that is already known.

The invention lies not in creating the item itself, but in identifying and demonstrating a new way to use it that was not obvious to others in the field. This allows inventors to secure patent protection for innovative applications of existing technologies or substances.

• Example 1 (Medical Application): Imagine a chemical compound that has been known for decades and primarily used as an industrial cleaning agent. A research team discovers that this same compound, when formulated and administered in a specific dosage, is highly effective in treating a rare autoimmune disease.

  Explanation: The chemical compound itself is not new. The invention lies in the discovery of its novel medical application for treating a specific disease. A new-use claim would protect this particular therapeutic application, allowing the researchers to patent the use of the known compound for this new medical purpose.

• Example 2 (Material Science): Consider a type of polymer that has long been utilized in manufacturing durable plastic containers. An engineer discovers that this polymer, when subjected to a specific heating and stretching process, develops exceptional flexibility and electrical conductivity, making it ideal for creating stretchable electronic circuits in wearable technology.

  Explanation: The polymer material itself is not new, nor is its general use in plastics. However, its specific application as a component for stretchable electronics, based on newly discovered properties achieved through a particular process, constitutes a new use. The patent claim would cover this specific application of the existing polymer.

• Example 3 (Process Innovation): A particular data encryption algorithm has been widely used for securing financial transactions online. A cybersecurity firm realizes that this same algorithm, when adapted and applied to scramble and protect satellite communication signals, can significantly enhance the security and integrity of space-based data transmission.

  Explanation: The data encryption algorithm is a known process. Its application to securing satellite communication signals is a novel and non-obvious use in a completely different domain. A new-use claim would protect this specific application of the existing algorithm, recognizing the inventive step in applying it to a new field with a new benefit.