Do You Have an Improvement Patent?

An improvement patent is simple; it is basically a novel and unseen improvement to an existing or expired patent

. The term improvement patent can also refer to an improvement to an existing device whether or not it is already patented. This is the first step in the entire process of getting your patent!

Improvement patents must pass all of the standard tests which apply to all patent applications. They must be novel, useful, and non-obvious. Many times improvement patent applications are made because the inventor discovered a better way of making that invention after the original provisional or non-provisional patent application was filed.

You should note that some improvement patents are not actually filed by the original inventor, but another inventor. Let's say that Joe inventor invents the inflatable spoon comprising a spoon with an orifice to inflate the apparatus. Another unrelated inventor Jane, may file an improvement patent on that inflatable spoon with an integrated pencil. Note that the original patent by Joe Inventor would not allow Jane to make her improvement invention. However, Jane's improvement patent would prevent Joe from using that improvement with his own invention.

Standard US TM Search includes US Federal and State search. Comprehensive US TM Search also includes US Common Law databases and Internet Domain Names. Comprehensive US and International TM Search also includes searches in Canada, Europe, United Kingdom, Germany and WIPO. Customized searches are also available to assist clients with a legal analysis for brand availability or expansion, company names, foreign trademarks or common law.

Do You Have an Improvement Patent?

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