Legal Question in Intellectual Property in Florida
I have an idea for a product that i would like to patent. After searching existing patents I have found one that is similar to my idea. How much does my patent need to differ from the existing patent in order to be granted?
2 Answers from Attorneys
In order to obtain a patent, your invention must be new and nonobvious when compared to what others have done before you. As a practical matter, a patent examiner typically will reject a patent application if the invention could be created by the combination of features of other patents and there would have been some reason to combine the features in that way.
Really, the only way to have an idea is to speak to a patent attorney, who will have had experience with countless similar situations and should be able to judge how an examiner is likely to respond.
Mr Hyra is exactly correct. I would add that it may be difficult to find an attorney you can trust. Hopefully you know someone who can give you a referral. I would stay away from large law firms. They are typically very expensive and they often do not do a great job for individual clients. Just sayin'...
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