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Topic: Improvement on another Patented idea (Read 1828 times) |
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dive2xs
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Posts: 3
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Improvement on another Patented idea
« on: May 31st, 2007, 9:45pm » |
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We have be thinking on how to improve a current idea that is patented. How much do we need to improve to be patentable. Can a too generic patent kill the whole idea even if they are not expanding on the product capabilities.
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Sudhir Aswal
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Re: Improvement on another Patented idea
« Reply #1 on: Jun 1st, 2007, 12:15am » |
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Yes, too generic patent gives implication of 'obviousness' and therefore fails to meet the ingredients of novelty as is the basic feature of an invention to be applicable for a patent. Improvment that results in economical significance and advancement from the parent invention is relevant to get it patented. But the imrovement must not be obvious.
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Sudhir Kumar Aswal Patent Attorney, India Aswal Associates www.aswalassociates.com
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Bill Richards
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Re: Improvement on another Patented idea
« Reply #2 on: Jun 1st, 2007, 4:45am » |
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on Jun 1st, 2007, 12:15am, Sudhir Aswal wrote:Yes, too generic patent gives implication of 'obviousness' and therefore fails to meet the ingredients of novelty as is the basic feature of an invention to be applicable for a patent. |
| Just to clarify, novelty and obviousness are two separate inquiries and covered by separate statutes.
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William B. Richards, P.E. The Richards Law Firm Patents, Trademarks, and Copyrights 614/939-1488
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Suudy
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Re: Improvement on another Patented idea
« Reply #3 on: Jun 1st, 2007, 8:53am » |
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I have also been struggling with this concept and would like clarification. For example, say that the hand crank can opener is patented. And the claims are: 1. An apparatus by which a can constructed of tin, aluminum, or similar metal, is opened by separating the seams between one end of the can from the sides. 2. An apparatus according to claim 1 that is driven by a hand power crank. And say for example I decide to construct a can opener using an electric motor to drive the same mechanism as in claim 1. Two questions: 1. Does my improvement infringe the original patent? 2. Is my improvement patentable?
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dive2xs
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Re: Improvement on another Patented idea
« Reply #4 on: Jun 1st, 2007, 9:12am » |
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So IRT my original Question, the patent has the first claim and 24 supporting claims. Is there a general rule that says if your improvement changes at least 15% of the supporting rules, it is patentable. I guess what I am trying to figure out is how much or how to quantify the amount of improvement must exist to be safe.
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