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patent an existing product?

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shawnaz

Junior Member
What is the name of your state? CA

I've discovered a variation of a product that is not covered by any patents. It's a design that no manufacturer has thought of but a few specialty stores make them for small custom orders when customers want it in a different "material" or "color".

I think the design is superior to what is currently used and would like to find out if a patent is still possible even if it's already being made by these speciality shops.

I did exhaustive research in the patent database and did not find anything related to it. Would it be worth getting a patent?

If I ask my suppliers to make it in mass, I know every buyer will want this design over the current one.

Thanks in advance for any advice!What is the name of your state?What is the name of your state?
 


divgradcurl

Senior Member
What is the name of your state? CA

I've discovered a variation of a product that is not covered by any patents. It's a design that no manufacturer has thought of but a few specialty stores make them for small custom orders when customers want it in a different "material" or "color".

I think the design is superior to what is currently used and would like to find out if a patent is still possible even if it's already being made by these speciality shops.

I did exhaustive research in the patent database and did not find anything related to it. Would it be worth getting a patent?

If I ask my suppliers to make it in mass, I know every buyer will want this design over the current one.

Thanks in advance for any advice!What is the name of your state?What is the name of your state?
It's generally possible to patent an improvement to an existing product. However, you cannot obtain a patent on something that already exists -- you are not the inventor if someone else has already invented the product, and in the U.S., a patent is only awarded to the first person to invent. If you believe that you are the first person to have come up with this particular improvement, and it has been available to the public for less than one year, by all means contact a patent attorney or agent, and discuss the possibility of filing for a patent. But if you are not the inventor, or more than a year has passed since the product became publically available, you ar enot entitled to a patent.
 

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