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Let's say I get a patent issued for a process/formulation that cures a disease or treats damaged hair.

Can someone else come along and invent something that cures the same disease or repairs hair, but they found a totally different chemical, process, and formulation?

Maybe a better way of asking is: can you patent the result or function of an invention?

jwodder
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DavidScherer
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4 Answers4

36

Yes - patents are not for results but for devices and processes that can achieve the result.

An airplane and a helicopter can have similar results; more than one medication helps to reduce blood sugar levels.

George White
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32

Yes, certainly.

For example, according to the Smithsonian Institution, over four thousand patents have been granted for mousetraps, and another 40 or so are successfully patented every year.

Nate Eldredge
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8

If both inventions work in different ways, but achieve the same thing, they can both be patented. Take a petrol engine, diesel engine, and a Wankel engine.

If your inventions work in the same way, one gets the patent, one gets nothing. Tough luck.

gnasher729
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3

I don't know anything about other fields, but drugs can do extremely similar things by extremely similar means and still all get patented.

For example, there were a lot of patented angiotensin converting enzyme inhibitors (drugs with generic names ending in -pril). There were so many that doctors made jokes about 'another-pril'.

These drugs all

  • prevent heart disease and stroke
  • by lowering blood pressure
  • by reducing the formation of angiotensin
  • by inhibiting angiotensin converting enzyme
  • by blocking its active site
  • at least for the first few (and maybe more), by mimicking the shape of the blood-pressure lowering component of Bothrops jararaca venom