Q: Can I patent a device that claims all but 1 of the named components of an existing independent claim of a prior patent?
Ex: If the only claim for the only prior art for a bucket lists 3 components: 1)a pail, 2)a wire handle connected to the pail and 3) a rubberized cushion for the handle then could I patent a 2 part device whose "wire handle" was woven to spread the load over a wider area of the hand so that you no longer needed part #3 (a cushion). Or would the patent office likely say that my patent still has 2 of his components ("a pail and a "wire handle") and thus can't be patented? Existing patent claims use such general terms that my actual components sound a lot like theirs, but if mine (though sounding similar using their broad terms) allow me to do without one of their components, isn't that a better and patentable device?
A:
Yes, I think so.
Your invention would be novel over the prior art. That much is clear.
HOWEVER, (and it is a big "however"), your invention also must be non-obvious over the prior art. That is, if a person using a bucket instead of using a rubberized cushion would use a woven wire handle, then your invention may not be patentable. Your problem is that even if nobody has ever thought of using a woven wire handle for buckets, the bucket with a woven wire handle might be considered obvious if similar woven wire handles are used on railroad constructions or in golf cart operations, etc.
Good luck with your invention! And see a patent attorney for a more definite answer.
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