Legal Definitions - old combination

An "old combination" refers to a business arrangement, such as a merger, acquisition, or joint venture, that was formed in the past. This term is often used in antitrust or competition law to distinguish a previously existing union of entities from a new or proposed one.

The term "old combination" is primarily used in patent law and refers to a situation where an inventor attempts to claim an invention that is merely a new arrangement or use of elements that were already known and previously combined in the same way, or in a way that would have been obvious to someone skilled in the relevant field.

For an invention to be patentable, it must be novel (new) and non-obvious. An "old combination" fails this test because it lacks the necessary inventive step. It doesn't present a genuinely new or non-obvious solution, but rather re-presents a known solution or an obvious variation of one.

• Example 1: A "Smart" Coffee Maker

  Imagine an inventor applies for a patent on a "smart coffee maker" that can be controlled by a smartphone app. However, the patent application describes a coffee maker that uses a standard brewing mechanism, a standard Wi-Fi module, and a standard smartphone application interface, all of which were individually known technologies. Furthermore, similar combinations of existing appliances (like smart thermostats or smart lights) with Wi-Fi control and smartphone apps were already common.

  Explanation: This would likely be considered an "old combination" because the inventor has simply taken existing, well-known components (a coffee maker, a Wi-Fi module, and a smartphone app interface) and combined them in a way that would be obvious to a person skilled in the art of appliance design or software integration. There is no novel or non-obvious inventive step in merely adding a Wi-Fi module and app control to an existing coffee maker, especially when similar integrations exist for other devices.

• Example 2: A New Bicycle Design

  Consider an inventor who seeks a patent for a bicycle that features a frame made of aluminum, disc brakes, and a multi-speed gear system. While the inventor might argue that this specific combination of features creates a superior riding experience, all three elements—aluminum frames, disc brakes, and multi-speed gear systems—were individually well-known in bicycle manufacturing and had been combined in various ways on different bicycle models for many years prior to this "invention."

  Explanation: This scenario illustrates an "old combination" because the inventor has merely assembled pre-existing and widely used bicycle components. There is no new or non-obvious inventive concept in combining these established elements, even if the specific arrangement is presented as novel. A person skilled in bicycle design would find this combination obvious, as all its parts and their functions were already known and often used together.

• Example 3: A Business Method for Online Sales

  An entrepreneur files a patent application for a new business method that involves selling products online, offering customer reviews, and providing a loyalty points program. The entrepreneur claims this specific combination of features creates a unique e-commerce platform. However, online selling platforms, customer review systems, and loyalty programs were all well-established and widely implemented business practices in the e-commerce industry long before this patent application.

  Explanation: This would be an "old combination" because each component of the business method (online sales, customer reviews, loyalty programs) was already a known and commonly used strategy in the e-commerce world. Combining these existing elements, even if presented as a new "system," does not constitute a novel or non-obvious invention, as it merely brings together established practices in an expected manner.