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The improving idea would add another function to the existing product.

2006-12-25 07:32:47 · 4 answers · asked by LifeisGoood 2 in Business & Finance Other - Business & Finance

4 answers

I've just been through another patent process, and this was discussed with our attorney. It's easier to do if you hold the original patent and are extending your coverage. Harder to do if you aren't, and you can't produce the improved version of a product if it uses some of the original patent's features, without infringing on the original patent- unless you have an agreement with the holder or own the patent.

Patents all go through the same process so long as the product group is similar. The question is qualified originality, and often a good idea that hasn't been seen before still isn't qualified, because it may be obvious or a combination of known things. For example, you could patent a pencil or an eraser, but you couldn't patent the idea of attaching the eraser to the pencil even though it would be seen as an improvement.

Do a basic consultation with a patent attorney, or some on-line patent research.

An alternative would be to offer the improvement idea for sale to the current manufacturer.... carefully, you need an attorney involved to cover your interests.

2006-12-25 08:11:46 · answer #1 · answered by pegasusaig 6 · 0 0

you would be able to get carry of a patent on the advance of a product that already exists on condition that the advance isn't obtrusive. paying for a patent on the advance, however, would not unavoidably provide you the suited to make your stronger product. here's a classic occasion of this concept. assume you lived in a time wherein there have been in basic terms chairs with out backs on them, and the no-decrease back chair replaced into patented. you may advance the advance of attaching a vertical planar member--a decrease back--to the chair and patent that. The patent on the uncomplicated no-decrease back chair could nevertheless "study on" the chair with a decrease back, however, by using fact a shape infringes a patent declare if all of the climate interior the declare are contemporary interior the form, whether the form has extra factors. for that reason, even although you invented and patented the chair with a decrease back, you nevertheless does no longer have the skill to make it with out infringing the earlier patent. All you have the skill to do is assert your patent against the unique no-decrease back chair producer if he started making chairs with backs. for this reason it somewhat isn't any longer extremely suited to assert that a patent delivers a monopoly on an invention. you're able to avert others from making it, yet you will no longer unavoidably have the skill to make it your self.

2016-10-18 23:38:03 · answer #2 · answered by ? 4 · 0 0

It should be innovative and original - not just an minor incremental change.

2006-12-25 07:42:44 · answer #3 · answered by T J 6 · 0 0

yup veryyy difficult

2006-12-25 07:35:56 · answer #4 · answered by walid_abazza 2 · 0 0

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