Patent for improving existing product? - Inventor FAQ - Ask an Attorney - Legal Questions
SUBSCRIBE: https://www.youtube.com/subscription_center?add_user=patenthome Can you get a patent for improving an existing product? Every patent pretty much read the exactly the same way; 1. There is a problem out there; 2. People have tried to solve the problem in the past; 3. Somehow the way they tried to resolve the problem has failed; and 4. This is how I corrected the problem better than anyone else. If you read any patent application it starts with a section titled Background. The Background identifies the problem and how other inventors tried to solve the problem. Also identifies what is lacking on how to better solve the problem. The next sections are the Summary and Detailed Description. The summary and the detailed description instructs someone skilled in the art how to make and use the invention. In that description the patent will describe with specificity how to overcome the problems associated with the invention in the past. So when inventing something new and improved the original patent invention can very well be part of the new invention. Remember patents do not give you the right to make something, patents give you the right to stop others from making it. For example, if you were the first person to invent the pencil, and someone else came out with the invention of the eraser, a third person could get a patent if they decided to put a piece of sheet metal at the end of your pencil and attach an erase on the end. Even though that person had a patent for a pencil and eraser, they would not be allowed to make pencil or erasers to put their pencil together because it would an infringement of the existing patents. In this circumstance the inventor of the pencil with the eraser could get cross licensing agreements or simply purchase the pencils and erasers from the patents holders to make the product. Even though all 3 elements existed in this circumstance the new, useful and non-obvious way the product was put together hypothetically allowed the patent to be issued. When you think about it, all new products are made up of existing elements such as pencils and erasers. There’s a finite number of elements in the world even if that number is astronomically large. I equate each element to keys on a piano, there’s only a finite number of keys and while Beethoven’s and the little kid playing chopsticks, both have to use the same number of keys. For any question about the patent process contact Vin LoTempio. Feel free to call (800) 866-0039 Each frequently asked patent question is answered concisely in about a minute by Registered Patent attorney Vincent G. LoTempio. Invention Help Video Series - Learn how to protect & profit from your good idea. In easy to watch & learn videos I will help you learn how to protect your idea, identify the right kind of patent for you, how to license your invention and much more! Join & watch now: https://www.lotempiolaw.com/newsletter/ Free Consultations: 1 (800) 866-0039 Email: [email protected] Web: https://www.lotempiolaw.com File A Patent: https://www.lotempiolaw.com/patent Get A Patent Search: https://www.lotempiolaw.com/patent-search/ Register Your Trademark: https://www.lotempiolaw.com/trademark Get A Trademark Search: https://www.lotempiolaw.com/trademark-search-form/ File A Copyright: https://www.lotempiolaw.com/copyright/ YouTube: http://www.youtube.com/user/PatentHome Twitter: https://twitter.com/LoTempio Facebook: https://www.facebook.com/LoTempio.vg ATTORNEY ADVERTISEMENT
SUBSCRIBE: https://www.youtube.com/subscription_center?add_user=patenthome Can you get a patent for improving an existing product? Every patent pretty much read the exactly the same way; 1. There is a problem out there; 2. People have tried to solve the problem in the past; 3. Somehow the way they tried to resolve the problem has failed; and 4. This is how I corrected the problem better than anyone else. If you read any patent application it starts with a section titled Background. The Background identifies the problem and how other inventors tried to solve the problem. Also identifies what is lacking on how to better solve the problem. The next sections are the Summary and Detailed Description. The summary and the detailed description instructs someone skilled in the art how to make and use the invention. In that description the patent will describe with specificity how to overcome the problems associated with the invention in the past. So when inventing something new and improved the original patent invention can very well be part of the new invention. Remember patents do not give you the right to make something, patents give you the right to stop others from making it. For example, if you were the first person to invent the pencil, and someone else came out with the invention of the eraser, a third person could get a patent if they decided to put a piece of sheet metal at the end of your pencil and attach an erase on the end. Even though that person had a patent for a pencil and eraser, they would not be allowed to make pencil or erasers to put their pencil together because it would an infringement of the existing patents. In this circumstance the inventor of the pencil with the eraser could get cross licensing agreements or simply purchase the pencils and erasers from the patents holders to make the product. Even though all 3 elements existed in this circumstance the new, useful and non-obvious way the product was put together hypothetically allowed the patent to be issued. When you think about it, all new products are made up of existing elements such as pencils and erasers. There’s a finite number of elements in the world even if that number is astronomically large. I equate each element to keys on a piano, there’s only a finite number of keys and while Beethoven’s and the little kid playing chopsticks, both have to use the same number of keys. For any question about the patent process contact Vin LoTempio. Feel free to call (800) 866-0039 Each frequently asked patent question is answered concisely in about a minute by Registered Patent attorney Vincent G. LoTempio. Invention Help Video Series - Learn how to protect & profit from your good idea. In easy to watch & learn videos I will help you learn how to protect your idea, identify the right kind of patent for you, how to license your invention and much more! Join & watch now: https://www.lotempiolaw.com/newsletter/ Free Consultations: 1 (800) 866-0039 Email: [email protected] Web: https://www.lotempiolaw.com File A Patent: https://www.lotempiolaw.com/patent Get A Patent Search: https://www.lotempiolaw.com/patent-search/ Register Your Trademark: https://www.lotempiolaw.com/trademark Get A Trademark Search: https://www.lotempiolaw.com/trademark-search-form/ File A Copyright: https://www.lotempiolaw.com/copyright/ YouTube: http://www.youtube.com/user/PatentHome Twitter: https://twitter.com/LoTempio Facebook: https://www.facebook.com/LoTempio.vg ATTORNEY ADVERTISEMENT