Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Does size matter??If a company has a patent pending for  (Read 1188 times)

brianc

  • Newbie
  • *
  • Posts: 1
    • View Profile

If a company has a patent pending on something for a particular size animal can/should I get a patent for something similar (not identical) for a different size animal. It would be two separate markets.Tks for your reply.
Logged

Wiscagent

  • Lead Member
  • *****
  • Posts: 1405
    • View Profile
Re: Does size matter??If a company has a patent pending for
« Reply #1 on: 02-19-09 at 10:04 am »

A patent on an animal?  That's unusual.

As for claiming a particular size range, unless there is something special or unexpected about the different size, it would be considered obvious over a prior art disclosure of a similar item.
Logged
Richard Tanzer
Patent Agent

rts

  • Full Member
  • ***
  • Posts: 94
    • View Profile
    • Patent Simple
Re: Does size matter??If a company has a patent pending for
« Reply #2 on: 02-19-09 at 10:08 am »

It depends on how different yours is. If all you're doing is scaling it up/down, then you likely cannot get a patent*. In fact, the larger/smaller version may very well fall within the claims of the existing patent. (See what ^^^ said)

If your version is different in another way, it may be patentable. It depends on how different.

*Unless it is somehow surprising that it works on a larger/smaller animal, but even then the chance is remote

PatentBars

  • Junior Member
  • **
  • Posts: 11
    • View Profile
Re: Does size matter??If a company has a patent pending for
« Reply #3 on: 02-21-09 at 08:17 pm »

If a company has a patent pending on something for a particular size animal can/should I get a patent for something similar (not identical) for a different size animal. It would be two separate markets.Tks for your reply.
I don't think it is patentable, even they are for separate markets, because it would be obvious for someone in the art to notice the similarity of the products.
Logged
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 5.257 seconds with 17 queries.