Did I have encroached upon others' patent?HELP!!!!!!?

Question

i created one thing that was similar with other's patent but my stuff's Efficiency is 5 time of that,because i have make the improvement in his foundation,so did i have encroached his patent?can i make a patent of it?why and why not?

Answer 1

The answer to your question could be very complicated. Patent law does not allow anyone to merely 'improve' on a patented idea and then start manufacture or sale of the product.

However, if your 'improvement' is so radically different from the original (patented) idea then you MAY be allowed to patent the improvement. Normally the Patent Office falls on the side of the original inventor, so don't hold your breath if following this route plan.

If you know the name of the original inventor it may be beneficial for you to contact him/her and propose an amalgamation of the two ideas. yes, you'll possibly be giving away part of your idea, but as you are 'pinching' some of his you may both benefit.

A word of warning...as you now KNOW someone else has a patent on the original idea do not invest a bunch of money in the 'hope' you'll get away with it. Patent law is very clear in its ideas on punishments for infringers of registered patents (and quite rightly so)

Be honest and maybe the two of you can be the next buyers on 'Millionaire's Row'

Good luck,

BobSpain

Answer 2

You can always apply for a patent, although your "discovery" must meet certain requirements. If it is a non-obvious change that makes a significantly better product, you may be entitled to a patent, or at least keep the patent-holder from using your idea without buying or leasing it from you. You really need to discuss it with a patent lawyer.