Q: Existing patent improvement and specifics

If the patent extends on a patent that a large company already has but improved upon with a critical building block black box topology and applies to a specific function (e.g. HR or Marketing).

Can a patent be applied for and to what degree could the generalized patent holder make a claim on the improvement of new invention

2 Lawyer Answers
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: This is a great question. This happens all the time.

Assume that Betty invented the basic bicycle and you have invented the mountain bike. Your improvements to the basic bicycle may be sufficiently non-obvious to merit your own patents. At that point Betty cannot make your mountain bike. However, it whether you can make the mountain bike really depends on what is in the claims for the patents that Betty holds on the basic bicycle. If her claims are as broad as two-wheeled, inline, foot-pedaled, chain driven, vehicle steered by rotating the orientation of the front wheel, ----- then you may be out of luck as her bicycle patent claims would read on the mountain bike.

If the bike claims are more specific and require coaster brakes and you do not use coaster brakes, then you are clear of those patents.

General rule is that patent on the basic idea is broader and tends to be more valuable than the outer branches on the idea tree. A comprehensive answer to your question is a job for a detailed conversation with your patent attorney.

Marcos Garciaacosta agrees with this answer

1 user found this answer helpful

Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: It always depends on the improvements.

The previous patent can have some rights to what it claimed.

A patent provides a negative right, does not give you the right to actually practice it.

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