Forums: Discussions for entrepreneurs and small business.

We have a product that is huge in another country, but non existant in US. We have modified it to work better for americans.

We changed the shape and size.

Is a change like this patentable?

maybe - depends on the change

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

As far as changes go you said "We changed the shape and size" that does not a new product make, while it is possible that a patent could be issued, that is highly unlikely. What is likely to happen is that an attorney leads you to believe that the product maybe patentable, you pay him/her 3 or 4 thousand dollars, three years later the patent gets denied. He/she then talks you into paying him another $3k to clarify the questions the patent office may have, it gets denied again. Lastly you are presented with one last opportunity to change the PTO`s mind, of course this will cost you yet another $5k and six more months.

In the end the attorney made a nifty profit of about $12k, you invested four years and didn`t get a patent. Remember that if the product exists already it is highly unlikely that you will get a patent on it. Specially if the changes are cosmetic for the most part.

If the product "already exists," it will not be patented.  The legal issue is how significant the changes are to produce the new product and whether that "new product" already exists.  Be careful with legal advice from bitter people who do not know the law.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Hi Liloo

Submit your product to the patent office and let them decide.  You can get a patent on a modification to an existing product design if there is a significant difference between the existing and new design.  I came across this bit of information doing research for an article.

-------------------------

The older we get, the more excuses we make for not chasing after our dreams. But truth is, goals are attainable at any age.