Can you obtain a patent for a different use of an existing product that is already patented but modified?

Question

If there is already an existing patented product marketed to a specific industry can you modify the product and apply it to another industry not at all related to the first and obtain a patent for the use.

Answer 1

Yes.

But, in order to make, use or sell your product you would likely need a license from the other.  It depends on whether or not the modification changes it enough so that the CLAIMs at the end of the first patent no longer "read on" your device.

For example, If the original device is a car and the claim reads:

A device comprising:

a frame;

two axils supported by the frame;

four wheels supported in sets of two by the axils;

an engine that is supported by the frame and operatively coupled to at least one of the wheels; and

a tumpin' sound system.

and your modification is to remove one of the wheels, the then claim no longer reads on your device because the claim requires 4 wheels and you only have 3.  Ergo, you are good to go.

If, on the other hand, your modification is  to add a cup holder, then your thing is still covered by their claims and you are going to need a license if you want to make use, import or sell your thing.

Answer 2

Cato's answer is perfect, except that I would also add that your modification has to be "non-obvious," even if your product is used in a different industry.

Answer 3

If you use any portion of it, you could be liable for patent infringement.  It would be best to go to the holder of the patent and tell them you have a different idea for their product but it will take some modification.  You don't have to tell them exactly what it is, but have some figures that show how it would increase sales.  They may offer you a bunch for your idea.