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I have an Invention ... Now What?
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   Improvement on another Patented idea
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   Author  Topic: Improvement on another Patented idea  (Read 1827 times)
dive2xs
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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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  sudhiraswal  
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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
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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
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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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