Patents and Designing an improved version of a product which is already available on the market.

[Stephen Storey]

Hi Guys,

As per the title , i am looking to design and manufacture an item which is improved version of a patented product which is already available on the market .

I am looking for someone with good knowledge in patents / patenting who could tell me what i can / cant do and in what ways my product would have to be different to not get caught out by patent rules.

If anyone could help please let me know and i can DM more detailed info.

Thanks,
Stephen.

 

[Mark T Jones]

You need a patent agent.

n a nutshell, you can patent a process or a technology - so a product may require multiple patents (from memory, early cyclone Dysons had dozens of patents). Or you may have nothing worth patenting.

Then, of course you have to defend those patents, which is another layer.

 

[Stephen Storey]

You need a patent agent.

n a nutshell, you can patent a process or a technology - so a product may require multiple patents (from memory, early cyclone Dysons had dozens of patents). Or you may have nothing worth patenting.

Then, of course you have to defend those patents, which is another layer.

I am not looking to patent my design idea yet.

The idea i have in mind (and want to manufacture) is an improved version of a patented product that is already on the market.

I need advice on whether what i plan to design would be allowed or whether it would fall into patent of the product which already on the market (i hope that makes more sense)

And if it would not be allowed due the patent then i would like to know what other changes i would have to make to my design to allow it be produced without any problems from the patent of the product which is already on the market..

 

[fisicx]

Which is why you engage with a patent agent. Patents are rarely simple. You may be permitted to change the product without issue, you may be required to pay a license fee. An agent will help with the process.

 

[Nudge]

Hi Guys,

As per the title , i am looking to design and manufacture an item which is improved version of a patented product which is already available on the market .

I am looking for someone with good knowledge in patents / patenting who could tell me what i can / cant do and in what ways my product would have to be different to not get caught out by patent rules.

If anyone could help please let me know and i can DM more detailed info.

Thanks,
Stephen.

It’s definitely worth speaking to a patent attorney or someone with solid expertise in intellectual property law—they’ll be able to guide you on how to approach your design while staying clear of any potential issues. They can also help you identify what aspects of the existing product are protected and how you can differentiate yours.

 

[WaveJumper]

Have you checked as towards the level of rights which exist on the item you are looking to "improve" they may well have 50 to 100 variations already covered.

 

[Stephen Storey]

Have you checked as towards the level of rights which exist on the item you are looking to "improve" they may well have 50 to 100 variations already covered.

No i have not, could you please advise on how i would do this?

 

[fisicx]

No i have not, could you please advise on how i would do this?

You engage the services of a patent agent.

 

[Stephen Storey]

You engage the services of a patent agent.

Ok thanks, i have already reached out to a few that i have found via google. I will make a forum post to see if anyone can recommend a good agent also
Thanks for your help.

 

[WaveJumper]

No i have not, could you please advise on how i would do this?

Patents, trade marks, copyright and designs - GOV.UK

Includes registering, protecting and applying for designs and patents

www.gov.uk

 

[Ray272]

You need to look at what the patent is protecting.

I will give you a real life example you can check and the patent owner should also be considered.

This product Sushezi, tons of amazon sales for years, then a chinese manufacturer came in and copied the idea.

Just copied it.

The patent is for a cylrindrical mechianism for creating sushi rolls.

It could have easily been duplicated by making the cylinder, square, it could have been slightly adjusted just to get past that aspect of the patent.

That product does not sell so well anymore and it had brand protection worldwide.

 

[Panoramix IP]

if you are developing an improved version of a patented product there is a strong possibility that you will infringe the existing patent. I am a practising patent attorney at Panoramix IP and would be happy to have an initial chat with you to point you in the right direction at least. My email is [email protected] if that would be helpful.