Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[jim29]

Can i make a patent improving on an item that already has a patent.

Let me elaborate, the item i want to patent is a direct replacement part (one of many that make up a patented item.) It is a wear part, that goes out after time. However the part i want to make is unavailable from the manufacturer (other then buying the whole assembly) and also mine offers some obvious improvements over what the manufacturer currently has. I wish to sell these to fix a common problem that the item has. The place that has the patent is unable to sell the item the way i am because thier process doesnt allow it to be installed by a person, where as mine can be easily installed in the same location as there worn part.

I doubt it is worth trying to sell my idea to the manufacturer, they have different processes and material and doubt they would be interested.

Any help would be very appreciated.

jim

[JimIvey]

Yes, you can patent a non-obvious modification of, deviation from, improvement of a known product.

Your variation, even if patented, might infringe the patent on the original product if there is one.  It might also infringe one or more other patents, but that's true for everything you make, use, or sell (unless it's been around for quite a long time).

Regards.

[Riya]

Improvements are patentable, however if the improvement is obvious then it is not patentable.
Non-Obviousness is one of the criteria of patentability of an invention. An invention can become obvious because of any of the reason listed below:

A) If Combining prior art elements according to known methods yields predictable result;

(B) Simple substitution of one known element for another to obtain predictable results;

(C) Use of known technique to improve similar devices (methods, or products) in the same way;

(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;

(E) "Obvious to try" - choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;

(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;

(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.