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Originally Posted by Premium I have a question to whomever may know the answer.
I have an invention that I have been to see a couple of attorneys about. I was looking into applying for a patent.
I have done lots of searching online to find out if someone else has already patented my idea.
I keep finding similar designs, but nothing that is exactly the same.
It seems I am finding several designs that are different variations of almost the same thing.
So my question is, How much different does something need to be from an already patented item for it to be different enough to be its own patentable item? |
I have received patents but they were filed through the company IP department. But, you can take anyone's patent, make an improvement, and file another patent for the improvement.
How different does it have to be? It really depends on how good your prep is for filing. It is all about wording and knowing what they want to see in order to accept so it is best to get an IP attorney (pay him) to review.
I have seen a lot of common sense stuff approved that I wonder why they approved. The problem is you can get a patent but if there is a lot of prior art and there are easy alternatives then you will not make any money off the patent.
The problem with patents is people implement other people's patent without even knowing it so you have to have a patent chasing attorney to find them, ask them to pay up, and be prepared to defend them in court. That takes money since even if you win your damages are usually mostly the revenue from the sale so if a guy uses your idea, sell 10 @ $1000, the most you will like see is $10k.