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Does size matter??If a company has a patent pending for
Posted by Anonymous . updated on 2/26/2009
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.
Answers (3)
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Wiscagent
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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.
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rts
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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
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PatentB...
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Quote from: brianc on 02-19-09 at 09:11 am 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.
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