combining/obviousness

[Triggerpoint]

What is the name of your state (only U.S. law)? CA

I did a patent search on a simple idea that I came up with and of course the basic concept was already patented in 1996 and since abandoned. My improvement on the concept is a few minor details in design but I believe I have found a distinctive material already available and incorporating into the abandoned patent.
The existing abandoned patent does not limit what the components can be made of, so woud I have a chance of having a new patent issued with a few minor design changes, and the limiting a main component (balls) to the material I have selected. I can provide the existing abandoned patent numbr if necessary.

[divgradcurl]

Originally Posted by Triggerpoint

What is the name of your state (only U.S. law)? CA

I did a patent search on a simple idea that I came up with and of course the basic concept was already patented in 1996 and since abandoned. My improvement on the concept is a few minor details in design but I believe I have found a distinctive material already available and incorporating into the abandoned patent.
The existing abandoned patent does not limit what the components can be made of, so woud I have a chance of having a new patent issued with a few minor design changes, and the limiting a main component (balls) to the material I have selected. I can provide the existing abandoned patent numbr if necessary.

If all you are doing is making the same basic invention with new materials, it is unlikely that you would be entitled to a patent. If the new materials allowed the invention to work in a novel and unexpected way, then the invention would be more likely to be patentable.

Your best bet is to sit down with a patent agent or patent attorney who can review the existing patent and your invention, and let you know if it is patentable or not.