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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
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If a product is produced by a patented methodology / process

Resolved Question:

If a product is produced by a patented methodology / process is the product its self then patented?

John Baxter
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Unlikely. A patent can be got for an invention used in an industry, but that won't necessarily mean that the end product is patented. For example a machine to cut out panels to make a car could be patented but the patent wouldn't extend to the car.

Happy to discuss further if you have more information.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

To be more specific we have developed a design process for asphalt surfacing which we believe is sufficiently "inventive" to be patentable but unless the product was also covered by the patent it would probably be financially better to follow earlier advise from your organisation and tray the design process as a trade secret and cover the product with a registered trade name.


I would appreciate your comment.

Expert:  JGM replied 3 years ago.
What is the product? Is it a new type of asphalt?
Customer: replied 3 years ago.

Yes it is a type of asphalt which produces high skid resistant surfacing with low noise generation complying with Transports Scotland's Specification TS2010

Expert:  JGM replied 3 years ago.
You would be better to patent that then, in my opinion, as long as it is a new invention to your industry.
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