I am not surprised that you are having problem with the patent
agent. What you have is not patentable. He may have dressed it up as patentable
to get it through a Patent Registration but it is simply not possible to patent
a different way of using something which already exists. This is well settled
For example a hammer is used for knocking things in banging
things. You could not attach a piece of string to it and claim a patent by
drilling a hole in the handle (which already exists in many hammers) and saying
that you can now use it as a plumb line.
Patent applications are only concerned with unique features of
the product and your product (it is not a problem that it is not actually your
product but belonging to someone else) has no unique features.
You are simply using it in a different way.
Viagra is used for erectile dysfunction. The patent has now
It does not become a whole new patent simply because it may
relieve pain in the knee.
I think you will probably find that is why the patent agent has
gone to ground because he has had his money and he can progress this no further
If you don't believe me, by all means get hold of (what will be
expensive) a Trademark Lawyer who does nothing else would expect to pay about
£350 per hour for the advice. You could also contact a barrister would give you
an advice would be about £800 for the advice plus VAT. I think you would be
lucky to find one outside central London.
I am sorry, I appreciate that this is not the answer you wanted
but there is no point in me misleading you.