San Jose, CA asked in Patents (Intellectual Property) for California

Q: I read my patent has to be "novel" - but my idea is building off of

something else that already exists - how would that work?

2 Lawyer Answers

A: That is fine. Pretty much every invention somehow builds on what already exists.

But not only does your invention be new (novel, i.e., nobody has ever made the same thing), but it has to be really new (nonobvious, i.e., nobody could have come up with the same thing knowing what they already know). It is the non-obviousness that is a bigger problem in most cases.

Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • View Profile
  • Answered

A: I used to work for a firm that defended the Bell patent for the telephone in front of the US Supreme Court. That was more than a 100 years ago. Patent applications are still filed to improve the telephone devices, switchgear, and networks.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.