Our competition has patented a very simple device. Its prior art was a coffee spoon with a hook on the end, to hang it over the edge of a cup.
The invention modified the spoon a bit (shape is bent, bottom part is made rectangular, measuring scale is added on bottom). The device is used to scoop out a specific supplement and hang it over a cup, to make the supplement dissolve.
Their patent includes an independent claim (regarding the device itself), and several dependent claims (one of which lists a method for scooping the supplement).
Can we make and use a very similar device, for the same result (without patenting it)?
Can we claim that: their invention is obvious & non-novel?
A spoon with a hook has been invented before. A ruler has been invented before. A bent spoon has been invented too. However all these weren't combined before, and they weren't used for this specific supplement before.
The invention modified the spoon a bit (shape is bent, bottom part is made rectangular, measuring scale is added on bottom). The device is used to scoop out a specific supplement and hang it over a cup, to make the supplement dissolve.
Their patent includes an independent claim (regarding the device itself), and several dependent claims (one of which lists a method for scooping the supplement).
Can we make and use a very similar device, for the same result (without patenting it)?
Can we claim that: their invention is obvious & non-novel?
A spoon with a hook has been invented before. A ruler has been invented before. A bent spoon has been invented too. However all these weren't combined before, and they weren't used for this specific supplement before.