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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3424
Experience:  Experienced in intellectual property law
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I am not sure if I can get something patentable when the

Customer Question

I am not sure if I can get something patentable when the item is already existing. The issue is that I want to add one elastic piece to it to make it fit better in a certain area of the body. If I do this, would this be able to be patented or would it be best to get my idea about this licensed?
Submitted: 10 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 10 months ago.

hello. if the feature you are adding creates a product that is novel and "non-obvious" to one of skill in that field, then it could be patentable (that is the legal standard for patentability)...however, if the addition of that elastic piece would be obvious to one of skill in the art then it will be rejected on that ground by the patent Examiner at the PTO. Also, regardless of that, if the existing product that you want to improve has a patent on it, then you (or whoever else) will need a license to make, use or sell your improved version.

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