4

Can I claim patent for my invention which is a little upgraded version of already patented devices. Moreover, I use same patented devices in my invention and add new functionalities to it. Is it worth patenting?

1 Answer 1

2

Not if it is "just" an advancement.

Improvements to processes, machines, manufactures, or compositions of matter, are patentable but only if they are new and useful, and non-obvious (among other requirements like adequate disclosure etc.)

35 USC 101-103, 112

2
  • Good answer. This is to prevent things like changing a brush to having a rubber handle and taking credit.
    – Terry
    Sep 3, 2015 at 15:37
  • 1
    Almost everything is an improvement on something else. "Just an enhancement" could be huge commercially and very novel and non-obvious. Or not. Not enough information in the question to judge. Mar 6, 2018 at 23:17

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .