Can Old Or Known Things Be Combined Into Something Patentable?

In other articles, we’ve discussed requirements for patentability, and one of those requirements is “novelty”.

What is novelty?

In the context of obtaining a patent, novelty means that the invention itself (i.e. what is claimed) is new, meaning the invention is not previously known to the public.

But does that mean every single aspect of the invention must be “new” or “novel” in order to qualify for patent protection?

Not exactly.

Something that is inventive in its overall state may well consist of many known things.

One excellent example of this phenomenon is a product that combines tape (typically of a construction type, such as duct tape) and “scannable” computer-readable wiring, in order for the tape to act not just as a binder or adherent, but also act as an information relay station.

This technology (meaning the merging of scanning technology and construction tape) is the property of a company called Nastro Technologies.

The company is an American company with a military veteran at the head of operations, and while their invention (BITRIP) was probably born more from a desire found in a military context, the application of this special “smart tape” is far-reaching.

More information regarding this product can be found at bitrip.com and an insightful YouTube video can be seen at https://youtu.be/O41cnnTvyl4.

This inventive product, in a sense, is a combination of “known” things or technologies.

It can easily be established that there is nothing “new” about tape that can be ripped.

Equally, there is nothing “new” about scanning technologies like bar codes and integrated wires and circuits.

Also, “apps” or smartphone applications that can receive and process data are also known.

Yet, the combination of these “known” things or elements surprisingly yields an exceptionally creative tape that allows programmable data and conditions to be transmitted to a reading computer (like a smartphone) based on a scanned condition.

The conditions might signify anything from a repair status to a location.

When we dissect the parts of this invention, we see that on many levels, the concepts upon which the invention is built are known concepts and technologies.

However, the creative combination of those technologies results in an ability for the tape owner (be they in construction, a military operation, or simply someone engaged in tracking any object) to track information and conditions that might otherwise be difficult to obtain or monitor.

An invention like BITRIP should serve to remind prospective patentees that they needn’t struggle to ensure absolutely every aspect of their invention is new or by itself inventive, but rather they should strive to make sure that the combination of their elements overall results in something that is a) new, b) useful (meaning the invention solves a
the problem the way you claim it solves that problem), and c) non-obvious, i.e. has an inventive step.

Visit our Services page to learn more about Pnc IP Group’s Patent services. If you have questions regarding the above, feel free to contact us.

Any patents, trademarks, or technologies referenced in this article are owned by their respective owners. Questions regarding this article can be directed to Tapas Pain. Pnc IP Group are licensed lawyers and registered patent and trademark agents with a history of serving the greater York Region, greater Toronto area since 2003. Pnc IP Group is
located in Vaughan, Ontario, and offers in-person visits by appointment.

Call us and book your appointment today, or speak with us by telephone anytime. Your calls are always welcome, and never hesitate to ask us your questions. These articles and opinions do not express or constitute legal advice.