Kansas City, MO asked in Patents (Intellectual Property) for Kansas

Q: Am I still able to create a patent for double mastectomy garments

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To answer this question accurately, I'd need more context about the specific double mastectomy garment design you're considering patenting. However, I can provide some general guidance on patenting medical garments:

1. Novelty: For a patent to be granted, your invention must be novel - meaning it hasn't been publicly disclosed before. If similar double mastectomy garments are already on the market, you'd need to have a unique and non-obvious improvement.

2. Non-obviousness: Your design should not be an obvious modification to existing products that someone skilled in the field would easily come up with.

3. Usefulness: The garment should have a clear practical application.

4. Existing patents: It's crucial to conduct a thorough patent search to ensure you're not infringing on existing patents for similar garments.

5. Time limits: In the US, you generally have one year from the first public disclosure or sale of your invention to file a patent application.

To determine if your specific design is patentable, I'd recommend:

1. Conducting a comprehensive patent search

2. Consulting with a patent attorney who specializes in medical devices or clothing

3. Considering whether your design meets the criteria for novelty and non-obviousness

Remember, patent law can be complex, and the patentability of a specific invention often depends on its unique details. A patent attorney can provide personalized advice based on your exact situation.

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