Legal Question in Intellectual Property in Wyoming

My question is about patents. If someone has a patent for apple pie with just apples and dough....can I make a patent for apple pie with apples dough and cinnamon? Obviously this is not my patent but I have to keep my idea secret but I'm asking if your product is close to something else how different must yours be?


Asked on 10/14/10, 6:20 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

A patent attorney will say if you infringe on the claims of an existing patent, you are guilty of patent infringement. Simply adding another claim will not work. The entire invention must be new, non-obvious and useful. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 10/20/10, 5:09 pm


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