If I’ve made some changes or improvements to an existing solution, can I get a patent for it?

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Understanding Whether Your Modified Invention Can Get a Patent Grant: A Simple Guide

In the world of innovation, you might find yourself asking: “If I’ve made some changes or improvements to an existing solution, can I get a patent for it?” The answer is, quite possibly, yes. This is where the concept of incremental inventions comes into play. Let’s dive into what this means and how you can determine if your invention qualifies for a patent in India.

What is an Incremental Invention?

An incremental invention is a type of innovation where you’ve taken an existing product or process and improved it, even if those improvements seem small—say, around 5% better or different. This could mean enhancing the efficiency, changing the design, or adding a new feature that wasn’t there before. The key here is that your improvement must offer something new and useful that wasn’t obvious before.

Key Criteria for Patentability

For your incremental invention to be eligible for a patent, it must meet three essential criteria:

  1. Novelty: Your invention must be new. This means that it should not have been disclosed to the public in any form, anywhere in the world, before you file your patent application. Even if your invention is an improvement on something that already exists, this improvement itself must be something that hasn’t been done before.
  2. Inventive Step (Non-obviousness): Your invention must not be obvious to someone skilled in the relevant field. In other words, the improvement or modification you’ve made should not be something that a professional in the field would easily think of. It should represent a creative step forward.
  3. Industrial Applicability: Your invention must be capable of being used in some kind of industry. It should have a practical application or be able to be made or used in some form of industry, including agriculture.

How Small Improvements Can Lead to a Patent

You might wonder how something as small as a 5% improvement could be patentable. Here’s how it works:

  • Small Modifications with Big Impact: Sometimes, a small change can make a big difference in the performance or usability of a product. For example, if you’ve figured out a way to make a machine run 5% more efficiently, and this improvement hasn’t been done before, that could be considered novel and inventive.
  • New Arrangements: Even rearranging parts of an existing product in a way that solves a problem more effectively can be patentable. Suppose you’ve changed the layout of components in a device, making it easier to use or more durable—this could qualify as a non-obvious improvement.
  • Enhanced Functionality: If your improvement allows an existing product to perform a new function or to work better in a specific way, this could also be patentable. For example, adding a new feature that increases the safety of a product could be considered an inventive step.

Examples of Incremental Inventions

To better understand, let’s look at a few hypothetical examples:

  1. Improved Screw Design: Imagine an existing screw that is prone to slipping when used in certain materials. You modify the screw’s thread pattern slightly, reducing the slip and increasing its hold. Even though the change might be small, it could be novel and non-obvious enough to qualify for a patent.
  2. Rearranged Circuit Board: An existing electronic device has a certain layout for its circuit board. You rearrange the components, making the device faster or more energy-efficient. This rearrangement, if not obvious and offering a new advantage, could be considered an inventive step.
  3. Enhanced Software Algorithm: You take an existing software algorithm and modify it to process data 5% faster. If this modification wasn’t obvious to other experts in the field and provides a noticeable improvement, it could potentially be patented.

The Process of Getting a Patent for an Incremental Invention

If you believe your incremental invention meets the criteria of novelty, inventive step, and industrial applicability, the next step is to apply for a patent. Here’s a simplified overview of the process:

  1. Conduct a Prior Art Search: Before filing, it’s important to check if your invention has already been disclosed. A thorough search can help you understand whether your modification is truly novel.
  2. Prepare a Patent Application: Drafting a patent application involves clearly describing your invention, how it works, and how it is different from existing solutions. You’ll also need to include detailed drawings, if applicable.
  3. File the Application: Submit your patent application to the Indian Patent Office. This can be done online or in person, and it will include paying the required fees.
  4. Examination Process: After filing, your application will be examined by a patent examiner who will assess whether your invention meets all the criteria for patentability. They may request additional information or clarification during this stage.
  5. Grant of Patent: If your application is successful, your patent will be granted, and you’ll have exclusive rights to your invention for a specific period, usually 20 years from the filing date.

Conclusion

In summary, even small improvements to existing products or processes can potentially be patented if they meet the criteria of novelty, inventive step, and industrial applicability. Incremental inventions are a powerful way to contribute to technological advancement, and with the right approach, your modification could earn you a valuable patent.

If you’re unsure whether your invention qualifies, it’s always a good idea to consult with a patent attorney who can guide you through the process and help you protect your innovation.

For more details and personalized assistance, feel free to contact us.

At Patent Attorney Worldwide Pvt. Ltd., we specialize in providing comprehensive intellectual property solutions tailored to the unique needs of our clients. Over a career spanning more than 15 years, we have helped over 1800 clients protect their intellectual property rights across various countries. Discover more about our Client Success Stories and learn about our journey on our About Us page.

Prasad Karhad
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