Can I Patent an Improvement On an Existing Invention?

If you’ve come up with an idea to improve upon an already-patented invention, method, or process, you may wonder if you can patent it. Read on and reach out to a seasoned New Orleans, Louisiana patent lawyer to learn more about what an improvement patent is, the different types of improvement patents, and how Lemler IP can help you apply for one. Here are some of the questions you may have:

What is an improvement patent?

An improvement patent is a patent that adds something extra to a basic invention that previously existed or was previously patented. When patenting an improvement to an existing invention, the patent office looks at whether the improvement is meaningful, new (novel), non-obvious, and useful. Importantly, the new or novel aspect of an improvement patent needs to be something that is truly new to the industry that your invention is related to. These are the same criteria that apply to any patent application, but they are applied in relation to the prior art, which is the existing body of knowledge in the field of the invention.

There are two main types of improvement patents: addition inventions and substitution inventions. An addition invention adds a component that previously was not present in a product or process, while a substitution invention replaces a component with a different one that performs the same or a similar function. Some examples of addition inventions can include detachable bike motors, clip-on fitness trackers, and smartphone camera attachments, while some examples of substitution inventions can include things like e-book readers (such as the Amazon Kindle), digital wallets (like Apple Pay and Google Pay), and virtual reality tourism.

How should I apply for such a patent?

The process of applying for an improvement patent is similar to applying for any other patent, in that to start, you’ll need to conduct a thorough search of the prior art (existing patents, expired patents, patent applications, rejected patent applications, and publications) to make sure that your improvement is new and non-obvious. Next, you’ll need to prepare a detailed description of your improvement, including drawings and claims that define the scope of your invention. Finally, you will file your application with the U.S. Patent and Trademark Office (USPTO) and pay the required fees.

One thing to keep in mind when applying for an improvement patent is that you may need to obtain a license from the owner of the original invention, unless the patent on that original invention has expired, if you want to make, use, or sell your improved product or process since your improvement patent does not give you the right to infringe on the original patent, but only the right to exclude others from using your improvement without your permission.

If you are unsure if your improvement invention would infringe upon an existing patent Lemler IP can perform a freedom-to-operate (FTO) search. An FTO is a search which is utilized to establish that your improvement invention does not infringe upon third partys’ patents. This involves identifying granted patents that have the power to be enforced in your geographic region(s) to analyze if your improvement invention would infringe on any identified patents.

If you would like to learn more about improvement patents, freedom-to-operate searches, have any additional questions, or believe you have an invention worth patenting, please don’t hesitate to reach out to Lemler IP.