Is it patentable?

You be the patent examiner.

Case #5 - Patenting a method of use

This seemed like a hopeless cause at first. It’s just a cylinder made of foam. But patents are not just for “things.”

One can patent using an old thing in a new way.

Anyone who has made a pie crust knows that gluten destroys flakiness. It’s also known that working the dough develops gluten. That’s why you knead bread vigorously. But pastry dough needs to be coaxed into place, very gently.

A traditional wooden rolling pin seems pretty hard on the dough. That may be OK for dough destined to become bread.

But just ask yourself, “Would I want to be massaged by a narrow wooden pin or a fat foam roller?” There’s no obvious reason the pastry dough would feel different.

Foam has another nice property. It’s a great heat insulator. When you roll out a crust, it really helps to keep it cold. That’s why you chill it first. The wood in a normal rolling pin is a pretty good insulator. But it’s no match for polypropylene foam.

 So maybe there is hope for a “method” claim, perhaps something along the lines of “using a foam cylinder to roll out a pie crust.”

Full disclosure: Method claims are often second class. You can’t stop the roller-maker from making and selling. After all, you can also use them for massage. You only stop the bakers who actually use it. But the pride you’ll feel as a patentee is just as good.

Is using this old thing in a new way patentable?

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Disclaimer:

The O&R “Is it patentable?” blog is educational and provides general information about patent law.  It provides no legal advice or conclusions.  O&R uses publicly available information about the products described in these posts and has no relationship with the manufacturers, sellers, or distributors of these products.  Reading this blog and participating in voting on the case studies does not create an attorney-client relationship between the reader and O&R.