“So basically I am asking if changing certain dynamics of a patented material for an intended purpose constitute an original idea that can be claimed”

Its possible, hypothetically. The new “dynamics” would have to be considered novel and non-obvious. A more common scenario would be you patenting a novel and non-obvious (and useful) method of using the patented material.

Of course though, whether or not you have a patent has nothing to do with whether or not you would be infringing the other patent holder.

John
With your use of the word dynamics, I’m having trouble understanding your question. Are you asking if the qualities you’ve defined…which apparently are not met by the existing material…might lead to a newly invented material that could be patented by you? Or are you asking if the change in the patented invention material are still within the scope of protection of the existing patent? The physics term dynamics typically refers to motion or physical reaction of systems under influence of outside forces. For example, say you’re talking about a material with a composition exhibiting certain elastic qualities…or changing color when under stress or temp. change. With respect to infringement, you’d have to read the patent claims to determine the patent owner’s breadth of protection with respect to your intended changes in those qualities. With respect to obtaining your own patent, you would have to address the obviousness question as Bill suggests. Can you patent a new use for a known and/or patented material? Yes. This isn’t intended as legal advice, by the way, since I have no idea of the facts or circumstances. dk

Don Hi,

is it ever wise for a inventor to submit his or her patent information to a company that is interested in the inventor’s product idea?

Joseph (Thanks for letting me know your question was posted…I do try to swing by this forum as often as possible)

Ever? Perhaps. I think it’s wise ONLY when there’s no other choice. Of course, before a license deal can be “done” the rabbit must come out of the hat. Early on, some companies (prospective licensees) may demand to see details of pending (but still unpublished) patent applications. In that case, it’s a judgement call on the inventor’s part. Most inventors do not want to take the risk that the prospective licensee will gain too much information about the scope of the inventor’s pending patent claims. From my experience I believe the prospective licensees are increasingly hesitant to view pat. pending information until the pending patent is published (at 18 months following its priority filing date). I believe the practice of filing a provisional patent application, then sending PPA copies around to various companies isn’t smart. dk

Don Thanks.