One aspect of my invention is already patented

[ja434650]

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

I have an idea for a fitness product. I cannot find a patent that matches the exact design/utility of my idea but my idea uses components of products that already exist. For example, my product would use resistance bands with handles on the end to be gripped. This has obviously already been patented in many ways. My question is, do I need to invent a new type of resistance band/resistance band handle, or can I use something that is currently patented?

Can you use patented ideas as components of your larger idea?

Thanks

 

[FlyingRon]

If your invention includes some part of an existing patent, you can get a patent on the novel parts of your invention. Of course, in order to make something using your patent, the rights to use the other patent will also need to be addressed. You have to read the patents carefully to understand what the actual claims are. Patents tend to explain a lot of stuff that isn't the invention itself that is necessary to explain the claims. The idea of a resistance band for exercise is not particularly novel. Neither is adding D-handles. A quick perusal of the patents show that there are inventions that have resistance bands and some safety features for resistance band exercisers, and adjustment devices....

 

[quincy]

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

I have an idea for a fitness product. I cannot find a patent that matches the exact design/utility of my idea but my idea uses components of products that already exist. For example, my product would use resistance bands with handles on the end to be gripped. This has obviously already been patented in many ways. My question is, do I need to invent a new type of resistance band/resistance band handle, or can I use something that is currently patented?

Can you use patented ideas as components of your larger idea?

Thanks

If your idea is an improvement on an existing patented invention/product, or your idea depends on existing patented parts to be realized, you can (potentially) acquire a patent on the improvement or on the novel parts of the invention itself but, to commercially benefit from your invention, you would need to license rights from the original inventor(s).

The majority of inventions, as a note, build in some way on what has come before.

Before you invest too much time, energy and money in developing your idea, however, you would probably be smart to sit down with a patent attorney for a review of your product idea, for a better assessment of the patentability of your invention.