Without knowing whether the established product has a patent or not, as well as what other patents may be out there I cant answer this question. However I would caution you about basing your product's platform on an existing product. There may be trade dress issues.

Answer Applies to: Oregon
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Essentially all inventions are improvements over what was previously known. Thus, improvements in products are potentially patentable. However, the patent statute provides that no patent should issue if the structure or method is obvious to a person skilled in the field to which it relates. The United States Patent and Trademark Office in applying the statute will consider a variety of devices and will sometimes argue that a person skilled in the field would possess the knowledge about such other devices and will sometimes argue this knowledge would make your apparatus or method obvious. The United States Patent and Trademark Office will consider any publication, particularly publications more than one year prior to any application that shows similar structures. It is irrelevant under the patent statute that something that is described in a publication has not been commercially developed, is not on the market today or is not known to you. To obtain a patent, it is essential that the structure not be obvious to a person skilled in the field to which it relates.

Answer Applies to: Connecticut
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If the modifications fit the patentable subject matter reg's, yes

Answer Applies to: Texas
Replied: 10/11/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Improvements that meet the requirements of patentability, which include novelty and non-obviousness are patentable.

Answer Applies to: Texas
Replied: 10/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Yes. The already well-established product will be prior art, which the examiner may use in assessing the patentability of your modification/improvement.

Answer Applies to: Ohio
Replied: 10/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.