Legal Definitions - old-combination rejection

Definition: Old-combination rejection is a refusal to accept a contractual offer or tendered goods as contractual performance. It occurs when all the elements of a combination perform the same function as a previously patented invention, even if one or more elements perform differently. The improved element may be patentable, but the combination may not be.

Example: A company creates a new type of car engine that has a different type of fuel injection system. However, all the other elements of the engine perform the same function as a previously patented engine. The company cannot patent the combination of the new fuel injection system and the other elements of the engine because it performs the same function as the previously patented engine.

Explanation: This example illustrates old-combination rejection because the new fuel injection system is an improved element, but the combination of the new fuel injection system and the other elements of the engine performs the same function as a previously patented engine. Therefore, the company cannot patent the combination.