Existing device with new functions

[.Elemental]

Hello!

I have a quick question. I'm creating someting but i don't know if I can patent it. It's something that already exists but my device is "Upgraded". I added 3 new functions.

A similar example:
AC power plugs and sockets with USB port (USB port is new function)

I can patent it or it's not possible?

Have a nice day !

 

[FlyingRon]

If your functions are novel and non-obvious, they can be patented. Your example is neither.
If the device you are "upgrading" is patented, the new invention comprising both would be subject to both patents (the original and your improvement).

 

[quincy]

Hello!

I have a quick question. I'm creating someting but i don't know if I can patent it. It's something that already exists but my device is "Upgraded". I added 3 new functions.

A similar example:
AC power plugs and sockets with USB port (USB port is new function)

I can patent it or it's not possible?

Have a nice day !

What is the name of your state or, if not in the US, what is the name of your country? Patent laws vary from country to country.

 

[quincy]

Pretty much all inventions improve upon prior inventions and even small improvements to an existing invention can be granted a patent. As FlyingRon noted, however, the improvement is all that can be patented and is subject to the rights of the holder of the original patent.

In order to market your invention using the existing patented product, you will need permission from the original patent holder. Permission, if granted, will generally come in the form of a license.

Without a license to use the underlying patent, you might be granted by the USPTO a patent on your improvement, but you will be unable to commercially market it.

 

[.Elemental]

Thanks for reply!

I'm from Belgium but I want to get international patent.

Basic device are not patented. I think I can patent my new functions because they are innovative and doesn't not exist. Ex: I Added USB port with extension cord.

 

[quincy]

Thanks for reply!

I'm from Belgium but I want to get international patent.

Basic device are not patented. I think I can patent my new functions because they are innovative and doesn't not exist. Ex: I Added USB port with extension cord.

You can visit the World Intellectual Property Organization website (http://www.wipo.org) for patent application assistance but I recommend you first sit down with a patent attorney or a patent agent in Belgium to see if you have a patentable invention.

We address US legal questions and concerns on this forum and, although you are interested in a US patent, you will want help in Belgium and with WIPO.

Good luck.

 

[FlyingRon]

There is not really any such thing as an "international patent." There is, however, an international patent (or PCT) application. The PCT gets you international recognition after you get a patent in a contracting state (typically your home country).

You may find this page from WIPO (the World Intellectual Property Organization) helpful in understanding the process: http://www.wipo.int/pct/en/faqs/faqs.html

USB ports added to things (with or without cords) are hardly novel. I also suspect your device might be of limited utility as the USB spec abhors "extension cords." The whole point of USB is that it is impossible to exceed the spec by string legitimate devices and cables together. This is why the USB plugs aren't simple opposite of each other (i.e., male on one side female on the other).

 

[quincy]

There is not really any such thing as an "international patent." There is, however, an international patent (or PCT) application. The PCT gets you international recognition after you get a patent in a contracting state (typically your home country).

The international application filed with WIPO's International Bureau establishes a FILING DATE good in member countries but the inventor must still file NATIONAL applications for each country where patent protection is sought.