Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: zach on August 09, 2019, 02:13:25 PM

Title: Improvements to an old design
Post by: zach on August 09, 2019, 02:13:25 PM
I have improvements to an old design that is currently on the market through multiple companies and I'd like to add the new improvements and approach these companies for a possible licensing deal.  I can't find any patents on the old design and I'm pretty certain that it has expired.  Do I fill out a PPA with the new improvements and file it as a new design? 


Title: Re: Improvements to an old design
Post by: Brad on August 10, 2019, 08:22:24 AM
If its just the look/shape that you are changing this sounds like a "design patent" is needed but there is no PPA for designs but thats okay because design patents are less expensive (we charge around $1200 to file a design patent which includes all government fees, draftsman fees, etc.)

If you were actually making functional changes to the old device so that it worked differently that may be a "utility patent" in which case you could file a PPA.

In both cases once the patent app is filed you can try to meet with the companies and see if they want to take a license from you or just buy your patent application outright.