As the first step in the patent process, I usually encourage inventors to talk with a patent attorney. Of course, because I am a patent attorney this is a self-serving statement, but frankly, this is what we do. The patent process is complex and can take many years to complete. Before deciding to embark on the journey, I suggest talking with an attorney to discuss which types of patents you should be looking for, what the costs of the patents are and some strategies to patenting which can help reduce the cost or time.

Answer Applies to: Kansas
Replied: 8/23/2011

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I recommend obtaining the opinion of an experienced patent attorney and conducting a patent search to determine whether it is already disclosed in a prior patent.

Answer Applies to: California
Replied: 8/22/2011

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.

The first step is to have a thorough prior art search concerning the modified product. This can be completed by a patent firm. A rationale assessment of the patentability of the modified existing product should then be made by a professional patent attorney or agent in view of the prior art and US patentability standards. From the assessment, you can make an informed decision for preparing and filing a patent application.

Answer Applies to: Ohio
Replied: 8/22/2011

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.

The first step is to retain IP counsel to conduct a patent and prior art search, including a search to see if you will need a license of patents covering the existing product. The next step is to work on drafting examples that teach people how to make your invention. Note that it is insufficient if you merely have an idea. Patents do not cover mere ideas.

Answer Applies to: New York
Replied: 8/22/2011

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You will need to ensure that your invention is novel and not obvious given the existing product. Thus, "modifying" an existing product will not suffice and the USPTO will probably not issue your patent. You should consult a patent prosecutor to determine whether your idea is patentable.

Answer Applies to: California
Replied: 8/22/2011

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.