Q: Can I patent a simple single wearable button that calls 911
I have conducted a detailed search and found out that my button do not infringes any existing design patents but the idea is already present with different designs. Almost all the patents currently present related to my Idea/product are of the same idea but the design is different for example there is a patent with 3 button (one of health sevices, one of police, one of fire services). But mine is only of 911.
Whereas i found an exact patent idea (still my design of the button is different) which calls for emergency services but its expired!
So can i patent my product with this specific idea?
A:
You should have an attorney do a comprehensive patentability search. An expired patent disclosing a product very similar to yours can be used by an examiner as a basis for rejecting your invention as lacking novelty and/or being an obvious modification of the patented product.
Please let me know if you have any more questions.
Liliana Di Nola-Baron, J.D., Ph.D.
Attorney at Law
Di Nola IP
Liliana@dinolaip.com
202-734-0253
1 user found this answer helpful
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