How to Get a Patent on the Improvement of an Existing Patent
Perhaps you've written additional code that works with an existing software program. Or you've added a feature to a kitchen tool, such as attaching a magnet to a cooking mitt. Regardless of what improvement you've created, you've made an existing technology better. Some of these improvements can be patented---even if they're based on an invention that is already protected.
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Instructions
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Improve an existing product. To be patentable, the improvement must be (1) novel and (2) non-obvious.
According to the United States Patent and Trademark Office (PTO), an invention is not novel "if it was known or used by others in this country, or patented or described in a printed publication in this or a foreign country." If you were the first one to make this particular improvement, the invention is arguably novel if the improvement was not known before.
An invention is non-obvious if it includes elements that were already known, the combination of which would not occur to one reasonably skilled in the art.
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Draft a patent specification. In the section of the patent devoted to prior art, discuss the previous invention. "Prior art" is the technical term for inventions that are related to yours. Distinguish your improvement from the prior art. Insofar as reasonably possible, emphasize the uniqueness of your invention over the prior art.
When drafting your application, be sure to disclose everything required to make and use your invention.
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Draft the claims to your invention. These claims can be phrased as "an improved apparatus" or "an improved method." Beware that if you draft more than 20 claims or draft a multiple dependent claim, the PTO will impose additional fees. As you draft these claims, keep in mind how they distinguish your invention over the prior art.
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File your patent application with the PTO using the Electronic File Service (EFS). EFS can be found on the PTO website (see Resources). It provides for safe, secure patent filing. Pay the associated fees.
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Prosecute your patent application until it is allowed. Prosecuting the patent involves responding to every Office Action in a timely way. Be sure to respond to every objection raised by the patent examiner. If you receive a Notice of Allowance, pay the issue fees promptly.
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Tips & Warnings
Consulting an attorney or a patent agent prior to filing is advisable, unless you have experience with drafting patents.
References
Resources
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