Legal Question in Intellectual Property in Utah

How to make an improvement on a patented device

You should work with a patent agent or a patent attorney to proceed. Patents are written in English, but many of the terms have special meaning that are not understood by one not trained in the procedures of the Patent office.

First of all, get a copy of the patent and a copy of the patent "file wrapper". The file wrapper is the folder that contains the papers that were generated by both the applicant and the patent office during the application process. Read the patent very carefully, preferably have a patent agent/attorney do this with you. Document your improvement in writing, before you go to see a patent attorney or agent. You cannot have too much documentation. I have rarely met an inventory with adequate documentation of their idea. Your improvement may be included in the "claims" of the invention, in which case the original inventor "owns" them. They may be disclosed in the specification of the patent, in which case you cannot get a patent, unless you can prove that you invented the improvement before the improved device was invented (this is likely an uphill battle).

If a patent agent/attorney can advise you that your invention does not infringe, and if they advise that you have a patentable idea, only then should you proceed to protect your improvement with a patent. When you seek help, ask if the attorney or agent is lisenced to practice before the US Patent and Trademark Office. A separate license is required to do this. Not all attorneys have this license.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

Improving a Patented Device

The other advice you received is good, however, if you do obtain a patent you would have to have a license from the original patentee to make your improvement. The original patentee owns the rights to the claimed device and inorder to practice your invention you would have to use the claimed device. I am a Registered Patent attorney with a practice in Utah. If I can be of help to you let me know.