Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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.