Legal Definitions - new-use invention

A new-use invention refers to the discovery of a novel and non-obvious application for an existing product, process, or compound that was previously known but not utilized for this specific purpose. The invention lies not in creating the item itself, but in identifying and demonstrating a new, beneficial way to use something that already exists. This type of invention can be eligible for patent protection if the new use meets the legal criteria of novelty, non-obviousness, and utility.

Here are some examples to illustrate a new-use invention:

• Imagine a chemical compound that has been widely used for decades as an industrial cleaning agent. Researchers then discover that this same compound, when applied in a specific concentration, is highly effective at inhibiting the growth of a particular type of invasive algae in freshwater ecosystems, a problem it was never previously used to address.

  This illustrates a new-use invention because the chemical compound itself is not new; what is new and inventive is the discovery of its specific application as an algaecide for environmental remediation, a purpose for which it was not previously known or used.

• Consider a specialized sensor originally designed for detecting minute structural flaws in aircraft components. A different team of engineers later realizes that this exact sensor technology can be repurposed to identify early signs of disease in agricultural crops by detecting subtle changes in plant cellular structure, a completely different field of application.

  This is a new-use invention because the sensor technology already existed. The invention lies in identifying and proving its novel and non-obvious utility in agricultural diagnostics, a use distinct from its original aerospace purpose.

• Suppose a particular type of polymer has long been used in the manufacturing of durable outdoor furniture due to its weather-resistant properties. A materials scientist then discovers that this same polymer, when processed into a specific porous structure, exhibits exceptional capabilities for filtering microplastics from wastewater, a function it was never designed or known to perform.

  This exemplifies a new-use invention because the polymer itself is an existing material. The inventive step is the discovery and development of its novel application as a microplastic filter, which is a new and beneficial use for an existing substance.