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PostSubject: Changing it just a little   Mon May 04, 2009 4:37 pm

Can an inventor change a product design just a little, then obtain a patent on it?

thank you Very Happy




Last edited by admin on Mon Jul 05, 2010 8:30 pm; edited 4 times in total
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Troy Robison

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Location : Sunny, Florida

PostSubject: Re: Changing it just a little   Mon May 04, 2009 4:38 pm

Novelty And Non-Obviousness, Conditions For Obtaining A Patent
In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention cannot be patented if: “(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for patent,” or “(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the United States . . .”

If the invention has been described in a printed publication anywhere in the world, or if it was known or used by others in this country before the date that the applicant made his/her invention, a patent cannot be obtained. If the invention has been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained. In this connection it is immaterial when the invention was made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent will be lost. The inventor must file on the date of public use or disclosure, however, in order to preserve patent rights in many foreign countries.

Even if the subject matter sought to be patented is not exactly shown by the prior art, and involves one or more differences over the most nearly similar thing already known, a patent may still be refused if the differences would be obvious. The subject matter sought to be patented must be sufficiently different from what has been used or described before that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to the invention. For example, the substitution of one color for another, or changes in size, are ordinarily not patentable.
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Bill Goldblatt

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PostSubject: Re: Changing it just a little   Sat Jun 13, 2009 4:58 pm

Of course, if you are "changing it just a little," any patent protection that is available to you will for the most part be limited to your little changes.

And, while "changing it just a little" can make an invention patentable, it will not always make your invention non-infringing. Even once you obtain a patent, it is still possible that you could still be infringing another in-force patent.

In general, just because something can be patented does not necessarily mean that it is worth patenting.
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