Patent Attorney and Founder
Can you patent something that’s similar to an invention that’s already patented?
Yes, you can. But there are a few things you need to know first.
If your idea is basically an upgrade or improvement on something that already exists, that’s a good start. Think of it like version 2.0 of a product—but with your unique twist. The key is that your invention has to be different enough to stand on its own.
The best way to figure that out? Start with a solid patent search. A patent attorney can help you dig into what’s already public so you know exactly where your idea fits in. That step saves time—and headaches—down the road.
Let’s say you came up with a new kind of water bottle cap. It’s childproof, works underwater, and fits a specific type of bottle that’s already patented. You might still be able to patent your cap, even though you can’t legally sell the whole bottle without getting permission from the person who owns the original patent.
So what can you do?
Once you’ve got your own patent rights, you can approach the owner of the original patent. Offer to license your improvement. If they like your idea, you could strike a royalty deal and earn money every time they sell a bottle using your new cap.
That said, be real with yourself. Is your improvement different enough to justify the time, cost, and effort? Does it have real business potential? Or will it be hard to get off the ground because you’re tied to someone else’s patent?
Those are the questions worth asking early on.
Hope that helps clear it up!