Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: alicebrownsville on March 14, 2019, 02:14:25 PM

Title: updating a previously disclosed but now improved product
Post by: alicebrownsville on March 14, 2019, 02:14:25 PM
Hi Brad.  I developed a supplement for animals that has measurable results and could only be developed by someone with a very specific background.  No one would stumble across it; it uses prior art in with different results.  I didn't file for a provisional because it was still in development but people have been buying the original product and are happy with it.  I'd like to get "patent pending" on it really just for its marketing and IP value before I introduce it to a wider market.  Do you have advice on it?  Would adding a benefit or property to it do the job?  No one has copied it so far, but it has been out there on our website for a couple of years in its early form.
Thanks,Alice
Title: Re: updating a previously disclosed but now improved product
Post by: Brad on March 15, 2019, 11:15:23 AM
If the invention was made public or on sale more than 12 months ago you could not try to patent the same thing now.   If you changed the formulation or added to it that new formulation may be eligible for a patent as long as your changes were new and non-obvious.

Sorry I don't really have a good, clear answer to that but in general you cannot patent something that is already out there.

 
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