Patent and Invention Help Forum

Can a substantial improvement qualify as new

Alice Royle

Can a substantial improvement qualify as new
« on: December 01, 2016, 06:46:45 PM »
I've been making and selling this innovative feed supplement for over a year and so it is ineligible for a patent.  However, a substantial improvement can be made to it with the addition of another ingredient.  It's not an obvious ingredient; I'm an expert and I just realized it would work after 6 months of thinking I had missed the deadline and would just have to move on to another project and skip the "patent pending" I'd hoped for.  I'm going to stop manufacturing the previous product because this change will make the end product even better.  Can I apply for a provisional patent on the improved product and think of the first one as a step in product development?

Brad

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Re: Can a substantial improvement qualify as new
« Reply #1 on: December 02, 2016, 11:28:55 AM »
Assuming that the improvement is new and non-obvious than "yes" it should qualify as its own patent.   

However, without knowing more details its hard to know for certain and even then its hard to predict what an examiner will consider to be obvious vs. non-obvious so there is a good deal of risk to consider. 



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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Alice Royle

Re: Can a substantial improvement qualify as new
« Reply #2 on: December 04, 2016, 10:59:41 AM »
That's good. I need to move along with it in that case.  I have 2 to work on at once then.  So the next thing is to write up the provisional applications then, and have you vet them?  I'm in that middle category of your clients, I think.

Brad

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Re: Can a substantial improvement qualify as new
« Reply #3 on: December 04, 2016, 11:48:34 AM »
Yes.  You can email me your files and I will take a look and give you feedback.

Thanks
Brad

My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.