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(Message started by: wepatent on Oct 17th, 2006, 3:38pm)

Title: Patenting a modified, already patented method
Post by wepatent on Oct 17th, 2006, 3:38pm
Hi, experts.

I have a question that I hope you can give me some help.

I have an idea related to telephone call setup.
But from searching uspto's database, I found a similar one
is already patented.

Suppose its claim is like this:
A method for setting up a telephone call, compring the steps of:
 A; B; C; D; E.

My method is:
 F; A'; B; C; D; E.

My method, however, solves a problem in existing method. Is this still patentable?

Thank you!
Happy patenting!

Title: Re: Patenting a modified, already patented method
Post by ThinkPatent on Oct 18th, 2006, 1:26am
Yes, you can patent your method over the prior art method. Going through question, it seems to be that you have an improvement over the existing method, making your contribution specifically limited to improved steps. When dealing with such improvements, there always exists a thin-line of patentability. Considering that most of the features of your method are known in the prior art, it is important to distinguish your modifications and improvements from the prior art. In conclusion, your patent disclosure has to be supported with well-crafted technical disclosure signifying and highlighting your distinctive improvement features.


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