Can you patent an improvement to an existing product?
The U.S. Patent and Trademark Office (USPTO) grants patents for improvements made to existing products or innovations similar to already-patented products.
Can patent claims be modified?
You can change the claims of a patent without filing a new application unless you are making a new claim. Federal regulations governing the USPTO provide specific rules for amending patent claims. A common example of an amendment involves providing revised drawings to the USPTO.
Can you modify a patent application?
Unfortunately, under United States patent law you can not amend the patent to include the new subject matter reflecting the improvement you made to the invention. You will have to file a new patent application for the improvement to the invention instead of filing an amendment to the patent.
What is an improvement patent?
Improvement patents can add something to an existing product, incorporate new technology into an old product, or find a new use for an existing product. To learn about patents in general, see Qualifying for a Patent FAQ. Most patents granted today are improvement patents.
Can a new use of an existing composition be patented?
The court found it patentable, because it’s a new use of a known composition. To learn more about improvement and new use patents, as well other essential information to protect your company’s products and processes, get Patent Savvy for Managers: Spot and Protect Valuable Innovations in Your Company, by Kirk Teska (Nolo). Need a lawyer?
What happens if you own a patent on a product?
If you own a patent, you have possession of a product or design and others cannot make, sell, or use it. The U.S. Patent and Trademark Office (USPTO) grants patents for improvements made to existing products or innovations similar to already-patented products.
Can I get approved for a patent application?
If you’re able to do so, you will receive approval for patent application. Consider improvements made with products already in existence when you pursue patentable innovations. Improvement patents can enhance a current product, bring in new technology, or define a new use of a product.