Patent and Invention Help Forum

updating a previously disclosed but now improved product

updating a previously disclosed but now improved product
« 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

Brad

  • Patent Agent
  • *****
  • 1844
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: updating a previously disclosed but now improved product
« Reply #1 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.

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

Hire Me:  https://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.