Hello XXXXXXXXXXXX,

There would be no harm in filing an application for a patent. You can not be sued for filing a patent application. When your patent is before the Patent Office, the Patent Office will examine it and determine whether or not it is similar to an existing patent. If it is similar, then obviously your application will be denied and developing it would subject you to potential patent infringement litigation. Similarly, it would be dangerous to develop your design without getting your own patent if you believe it is similar to an existing design.

The key to being granted a patent is the notion of Novelty and Non-Obviousnes. If you can demonstrate that your design is new and different from the existing design, and your design is non-obvious, you can be granted a patent even though there is an existing similar design.

Submitting an application for a patent can be somewhat technical, as you have to provide a claim as to what your device does and provide drawings etc. So, if you do decide to go ahead and file a patent application, you should consult with a patent attorney.

The Patent Office has Excellent Information on Patents Generally and the Application Process. It would be worth your while to read it.

Good luck.

Thomas

Yes, basically. To be granted a patent, your design must be novel and non-obvious from what is known as the "prior art." If your invention is basically the same as an existing device, the application will be denied.

Thomas