Manhattan, KS asked in Patents (Intellectual Property) for Kansas

Q: Can I make two changes on an existing product to make a new product and still get a patent?

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Assuming that you are asking about a utility patent instead of a design patent -- making changes that would be deemed obvious adaptations by one of skill in the art will not be be enough to get you a patent.

Making even one change that would not be deemed obvious by someone that makes this sort of patent and is presumed to know everything ever done with respect to this type of product and attempts to solve the analogous problem you are solving in any other field -- that would be sufficient to get a patent if the arguments were properly made.

This is difficult and usually benefits from the work of an experienced patent attorney to sort out whether it makes sense to chase a patent at all and if you do chase a patent -- how to best make the argument.

BTW -- your new product may be both patentable and subject to the earlier patent. The tests for patentability and freedom to operate are not identical. See https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions and http://bit.ly/Patent_Searching .

I hope this helps.

Kevin E Flynn

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