Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: QA on April 25, 2017, 08:56:00 AM

Title: Similar Patents; How did Nutribullet get a patent?
Post by: QA on April 25, 2017, 08:56:00 AM
There is a lot of discussion about trying to get a patent even if there is a similar idea, so I wanted to ask some experts here how nutribullet was able to get a patent if there were plenty of other similar ideas already out there.

For example:

Here is nutribullet's patent: https://www.google.com/patents/US20050047272

and here is another patent that is very similar with a  priority date before nutribullet's:https://www.google.com/patents/US3704864
Title: Re: Similar Patents; How did Nutribullet get a patent?
Post by: Brad on April 25, 2017, 11:19:52 AM
The link you posted was actually a patent "application" and not the patent which was issued.  This is important because you have to look at the "claims" section to see what was approved by the patent office and this usually changes between the publication of the application and the final issued patent.

The final issued patent is here:
https://www.google.com/patents/US7066640

Please look at their claims to see what exactly they had to narrow their invention down to in order to get it approve.  This post I wrote may help give you guidance:  http://patentfile.org/what-are-patent-claims/
Title: Re: Similar Patents; How did Nutribullet get a patent?
Post by: QA on April 26, 2017, 11:05:27 AM
Thanks for the article! Looks like a very informative read!

The link you posted was actually a patent "application" and not the patent which was issued.  This is important because you have to look at the "claims" section to see what was approved by the patent office and this usually changes between the publication of the application and the final issued patent.

The final issued patent is here:
https://www.google.com/patents/US7066640

Please look at their claims to see what exactly they had to narrow their invention down to in order to get it approve.  This post I wrote may help give you guidance:  http://patentfile.org/what-are-patent-claims/