Quick Answer: What If My Invention Is Similar To Another?

Can you patent a similar product?

Yes, you can patent a similar product as long as the differences between the two similar products are nonobvious..

What can and Cannot be patented?

According to the Patents Act, an invention cannot only constitute:a discovery, scientific theory or mathematical method,an aesthetic creation,a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,a presentation of information,More items…

How do you get around a patent?

To design around a utility patent, the focus should be on the independent claims. Each and every independent claim must be thoroughly analyzed with the goal of omitting at least one key feature (aka “claim element” or “claim limitation”) in the design around product. The more omissions, the better.

What is it called when you improve an invention?

Improvement and new use patents are for inventions that improve on or feature new uses for existing inventions. … Improvement patents can add something to an existing product, incorporate new technology into an old product, or find a new use for an existing product.

What do you do with a new invention idea?

How to Turn Your Invention Idea Into a ProductStep 1: Document and Record Your Invention Ideas. … Step 2: Make Sure Your Invention is Not Already Patented. … Step 3: Do Some Research to Make Sure Your Idea Has a Market. … Step 4: Make a Prototype (i.e., prove your idea can work in real life) … Step 5: File a Patent. … Step 6: Create a Business Plan to Market Your Invention.

Can I patent something that already exists?

Patent Types Utility patents are granted for entirely novel devices or items, improvements to existing devices and for new uses of a known device, product or chemical compound. It is therefore possible to patent something that already exists if you can find a new use for it.

Can you use an existing product for a new invention?

Abstract: A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does not render the old invention patentable. This is because patent law requires novelty—an invention must be new.

What if my idea is already patented?

People can easily discover whether an idea is patented already. … The United States Patent and Trademark Office (USPTO) checks your concept compared to present patents and pending patents. Your patent will probably be rejected if it is too similar to a present patent, and you will lose the application fee.

How long does a patent last?

20 yearsA U.S. utility patent, explained above, is generally granted for 20 years from the date the patent application is filed; however, periodic fees are required to maintain the enforceability of the patent. A design patent is generally granted protection for 14 years measured from the date the design patent is granted.

Is it worth it to get a patent?

So, is a patent worth getting? A patent is worth the cost if sales of the invention are much greater than the expenses of getting a patent. Unfortunately, you don’t know what sales will be like before you launch your product.

How do you know if a patent already exists?

One way of checking whether or not your product or idea has already been invented and patented by somebody else is to consult the EPO’s free search service Espacenet. The database contains more than 110 million patent documents – most of them patent applications rather than granted patents – from around the world.

How can you make an existing product better?

Here’s a list of simple and quick actions you can take to build customer loyalty and grow sales by working on your product:Update the appearance. … Rethink the packaging. … Make sure the product is attractive and easy to use. … Refresh any printed materials that come with the product. … Choose your product’s best quality.More items…