Can I Patent an Improvement of an Existing Product?

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Posted on December 20, 2024

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By J.D. Houvener
Patent Attorney and Founder

Have an Idea for Improving a Patented Product? Here’s What You Need to Know

Hi, I’m JD Houvener, founder of Bold Patents Law Firm and a patent attorney with over a decade of experience. I’ve helped inventors secure nearly 500 patents so far, and I’m also the author of Bold Ideas: The Inventor’s Guide to Patents. If you’re curious about patents or just starting your journey, grab our free Inventor Kit through the link below.

We recently got a great question from Reddit:

“If I improve a product that’s already patented, can I patent my version and sell it?”

Can You Get a Patent for Your Improvement?

Yes, you can. If your improvement is unique and offers a real benefit, it could qualify for a patent. However, that’s just one side of the coin.

Can You Sell It Without Permission?

Probably not. The original patent owner still has rights over the base product. Without their permission, selling your improved version could infringe on their patent.

Why Most Patents Are Improvements

Most patents today build on existing ideas. In many cases, the original invention is no longer patented (e.g., it’s been public for over 20 years). But when it’s still protected, you need a solid plan to make your improvement work in the market.

Steps to Move Forward

  1. Ensure Your Improvement is Significant: Ask yourself, “Does this add enough value for customers to care?”
  2. Research the Market: Understand the demand for the original product and how your improvement fits in.
  3. Plan for Collaboration: You might be able to license your patent to the original product owner. Offering them a chance to sell “Version 2.0” can lead to a royalty deal or outright sale.

Why This Matters

Getting a patent isn’t just about protecting your idea—it’s about turning that idea into profit. With the right strategy, you can avoid the hassle of starting your own business and still make money by licensing your innovation.

Have questions? Click below to download our free Inventor Kit. It’s packed with resources to guide you through patent research, applications, and working with an attorney.

Thanks for watching! I’m JD Houvener at Bold Patents Law Firm. Remember: Go big. Go bold.

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