Q: Similarity between my invention and an existing patent application
Hello. I have invented a rain gauge. After searching for similar patents I found out that an inventor had applied for a patent with some similarities. In fact one of the ideas which I have used in my invention has been previously introduced by an inventor. However my invention includes several other new ideas. Is there a way to patent my invention. Please explain. Thank you.
A:
See: https://www.uspto.gov/patents-maintaining-patent/patent-litigation/about-patent-infringement
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A:
That is a pretty common story for most, if not all, inventors.
To answer your question, you may be able to patent your new rain gauge, *IF* the addition of the new features makes your rain gauge sufficiently novel and non-obvious over the existing patent application, as well as other patents and publications.
But, you should not be worried only about getting a patent, and keeping others from copying your design. You should also worry if by making a rain gauge you will be infringing the patent granted on the first patent application. Adding features generally does not protect you from infringement.
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