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Improvement on another Patented idea
Posted by Anonymous . updated on 2/26/2009
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.
Answers (6)
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sudhira...
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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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patentp...
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Quote 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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Suudy
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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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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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dive2xs
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Quote Improvement that results in economical significance and advancement from the parent invention is relevant to get it patented. But the improvement must not be obvious.
Can you give any examples of obviousness? For example moving from a analog circuit to a digital circuit. To me (pseudo expert) that would be an obvious evolution in product design, but the patent does not reference analog or digital specifically.
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patents...
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Keep in mind that it is possible to obtain a patent yet have your product still infringe on the original patent. You could possibly work out a cross-license agreement if the original patent holder likes your improvement but there is no guarantee that they will negotiate.
To obtain a patent on an improvement of a patented product, your invention has to be non-obvious over the disclosure of the first patent (don't focus on the claims unless you are considering infringement issues).
What is the definition of obvious? Do a search for KSR v Teleflex and read the decision.
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