Can You Patent The Combination Of Two Existing Inventions?

This isn’t the first time someone has asked this question and it certainly won’t be the last. A majority of patents being granted today are improvements over an existing patent. To answer your question – yes, you can patent a combination of two existing inventions. However, obtaining a combination patent isn’t straightforward, for the reasons we have listed below.

What is a Combination Patent?

A combination patent is a patent granted to an invention, which combines, enhances, and alters the usability of two existing patents. A combination that merits a patent is a combination whose components function in unexpected ways to provide a unique result. While they do work in unison, they remain distinct from how they work individually.

Combining a combination of two existing patents alone doesn’t guarantee you a patent. This is because, if your combination invention works in a way that the two existing patents continue to carry out their respective roles, the invention will not serve the novelty and non-obviousness requirements. Thus, it is not eligible for a patent. However, the invention would only be granted a patent if it meets certain requirements.

Obtaining a ‘combination patent’ used to be more simplistic. However, today obtaining a combination patent can be quite complicated as the evaluation has become more stringent. Patent lawyers and agents can help by providing you with more information and assessing the possibility of obtaining a patent for your combination invention.

Is the Combination Obvious in its Working?

The examiner will evaluate the working of your invention on multiple parameters. If the combination of two patents results in an application that is not obvious in its conceptualization or working, your invention may qualify for patent. If the two patents in question are combined to produce a predictable result or invention, it certainly won’t qualify as a patentable invention.

Does the Combination Change its Usability?

For the combination ‘invention’ to be rewarded with a patent, the invention must alter or enhance the functionality of the two existing patents. If the two patented inventions continue to work in the manner they were supposed to, there is no cause for the invention to be rewarded with a patent. This is the same concept that is also applicable in the case of a synergistic combination, where the sum of the resulting combination is not just greater than its whole but is also altered in its functionality.

Approach a patent agent or lawyer to learn more about combination patents in Canada and the patent application process. Speaking of which, you may also want to consider this piece of advice that will help you deal with the laborious patent application process.