Legal Question in Intellectual Property in California
Inventions...
My partner and I want to construct a water slide, somewhat similar to Wham-o's Slip 'n' Slide. Can we use their slide as a model for ours? And, how much difference does ours have to be in order to receive a patent for it? Also, can we use an existing product, for example a bar of soap, and make it spherical..same formula used, can that be patented? Can I invent something by simply changing the size and structure? Thank you for your time....
1 Answer from Attorneys
Re: Inventions...
What you're talking about would be a DERIVATIVE, not an invention.
To qualify as a patentable "invention" something must be new, novel, unique, non-obvious, etc.
Were you to develop a product that incorporates somebody else's products, patents, etc., you'd be infringing those patents unless you'd obtained the required licenses from the patent holders.
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