Can I patent something Im already selling?

Can I patent something Im already selling?

In the U.S. there is a bar against patenting anything that has been sold or even offered for sale that is 1 year after the first sale. Even if it is only one. If you want to patent outside the U.S. it is worse. In most locations it is too late to apply for a patent the day after you sell the first one.

Can you refile a patent?

You can file the same provisional patent application as many times as you want, and whenever you want. So, yes, it is possible to refile a provisional patent application, but not without consequences. Filing the same provisional application over again, however, will result in a later priority date.

What is a double patent rejection?

In the US, there is a prohibition in patent law against allowing an invention to be claimed twice. If an invention is claimed twice, it is known as Double Patenting and is grounds for rejection of the patent application by the USPTO. § 101, and the other is non-statutory Double Patenting.

Is it possible to patent something that already exists?

It is therefore possible to patent something that already exists if you can find a new use for it. It is common, for instance, for pharmaceutical companies to be granted patents when they discover a new use for an existing drug.

How do I find out if a product is patented?

Search for current patents that are assigned to the company that makes the product you imagine is just like the one you want to defend. Current patents are available in the database of the U.S. Patent and Trademark Office, also referred to as the USPTO. Go to the USPTO website.

Can I get a patent for a single component?

If you believe that this is likely the case, then you probably won’t be able to obtain a patent. But as noted at the opening of this post, patents relying on a single component are not anticipated unless a previously existing patent or product features all of the elements of that component, arranged in the same way.

What makes an invention eligible for a patent?

According to U.S. Patent Law, an invention must be “new” or “unanticipated” in order to be granted a patent. This means that a product previously created at some point, or a patented invention (referred to as “prior art”) must not contain all of the elements of your invention, as described in the patent application.