Can You Patent an Improvement to an Existing Product

Innovators often ask, can you patent an improvement to an existing product? The answer is yes—improvements to existing inventions can be patented if they meet specific criteria for novelty and usefulness. This article explores the process of securing patents for product improvements, addressing question like  how to approach patenting business-related innovations.

Knowing whether you can patent a business idea that enhances a product is key for businesses looking to protect their intellectual property. By patenting an improvement, you secure exclusive rights, preventing unauthorised use or replication of your innovation.

This guide will help you navigate the steps involved and ensure your improvement receives the legal protection it deserves.

Improvement Patent

An improvement patent allows inventors to patent modifications or enhancements to an existing product or process, provided the changes offer new functionality, efficiency, or value.

These patents encourage innovation by allowing creators to build on previous inventions without having to reinvent the wheel. However, the improvements must meet the core requirements for patentability: novelty, non-obviousness, and utility.

The concept of improvement patents is especially common in industries like electronics, pharmaceuticals, and automotive technology, where small enhancements—such as better battery life, faster processors, or new drug formulations—can lead to significant advancements.

Importantly, having an improvement patent does not give the inventor the right to use or sell the original invention without permission if it is still under patent protection. This often requires licensing agreements between the holders of the original and improvement patents.

Categories of Improvement Patents

Most new patents granted are improvement patents, which typically fall into one of the following categories:

• Addition Invention: This type involves adding new features or components to an established invention.
• Substitution Invention: This category focuses on modifying an existing aspect of the invention to enhance its functionality.
• Incorporation of New Technologies: This involves integrating advanced technologies into existing products, improving their production processes or performance.
• New Use for an Existing Invention: An example of this is the patent granted for using Bag Balm, originally designed for cow udders, to treat human baldness.

Can You Patent an Improvement to an Existing Product

Yes, improvements to existing products can indeed be patented! However, the process isn’t as straightforward as it might sound.

An improvement patent, also known as a secondary or improvement patent, is granted for modifications that enhance the performance, functionality, or usability of an already patented product or technology.

Think about it this way: even though a company might invent a smartphone, someone else can still come up with an improved version of the screen technology or battery life.

As long as these improvements meet the requirements for patentability, they can receive their own patent. The key is that the improvement must be significant enough to qualify as a novel and non-obvious advancement over the original product.

However, improvement patents can’t override the original patents. In many cases, the new inventor will still need permission from the original patent holder to manufacture or sell their improved product—especially if it relies heavily on the original invention. This makes cross-licensing agreements common in industries where multiple patents overlap, such as electronics and pharmaceuticals.

What are the Criteria for Patenting an Improvement?

To patent an improvement, the modified product or technology must meet specific criteria:

Novelty: The improvement must be new and not previously disclosed in any public domain. This means it should not be part of any published patent, article, or product on the market.

Non-Obviousness: The improvement can’t be something that an expert in the field would consider obvious. If it’s just a minor tweak that anyone could think of, it won’t qualify for a patent.

Utility: The improvement must offer some practical benefit or usefulness. For example, a tweak that makes a machine run faster or more efficiently has utility value.

Enablement: The patent application must explain how the improvement works in sufficient detail so that someone skilled in the relevant field can replicate it.

If these criteria are met, an improvement qualifies for a new patent. However, one challenge is ensuring that the improvement doesn’t merely repackage the original product without adding anything truly innovative.

How Does an Improvement Patent Differ from the Original Patent?

At first glance, you might wonder how an improvement patent is different from the original one. While both types of patents aim to protect intellectual property, there are key distinctions between them.

Subject Matter: The original patent covers the core invention, while an improvement patent focuses on a specific advancement or refinement of the original.

Dependency: Improvement patents are often dependent on the original patents. If the improved product still uses aspects of the original invention, the new inventor might need a license to avoid infringement.

Scope of Protection: The original patent generally has broader claims since it covers the primary idea. Improvement patents have narrower claims, focusing only on the new elements introduced.

Expiration Timelines: An improvement patent doesn’t reset the clock for the original invention’s 20-year timeline. Each patent follows its own separate expiration period.

Improvement patents can be quite lucrative, especially in industries like pharmaceuticals, where even a slight change in formulation can make a significant impact.

Examples of Patented Improvements Cases

Improvement patents are everywhere around us—sometimes in things we use daily. Here are some notable examples:

Smartphone Technology

• Original Patent: Early mobile phones focused primarily on basic communication.
• Improvement: The introduction of touchscreens, app ecosystems, and advanced camera technology. Companies like Apple and Samsung continuously innovate their smartphone designs while building on existing patents.

Pharmaceuticals

• Original Patent: A drug designed to treat a specific condition (e.g., a specific formulation of ibuprofen).
• Improvement: Development of extended-release formulations, new delivery methods (such as patches), or combination therapies that enhance efficacy or minimise side effects. These advancements can lead to new patents.

Electric Vehicles (EVs)

• Original Patent: Basic electric motor designs.
• Improvement: Innovations in battery technology, including lithium-ion batteries, regenerative braking systems, and advanced charging infrastructure, which collectively improve efficiency and performance.

Software Algorithms

• Original Patent: A basic algorithm for data compression.
• Improvement: Enhancements that increase processing speed, reduce data loss, or enable real-time processing. For instance, advancements in video compression algorithms have significantly improved streaming quality.

Home Appliances

• Original Patent: A standard washing machine design.
• Improvement: Features such as energy efficiency, smart technology integration (IoT), and specialised washing cycles for different fabric types can be patented as improvements.

Patent Improvement Table

Original Product	Improvement
Light Bulb	LED technology for energy-efficient lighting
Automobile	Hybrid engines for better fuel efficiency
Telephone	Smartphones with touchscreens and internet access
Razor	Multi-blade razor systems for a smoother shave
Standard Battery	Lithium-ion batteries with longer lifespans

These improvements do not replace the original inventions but enhance their functionality, efficiency, or user experience, thereby unlocking new possibilities and markets for users and businesses.

Patent Improvement and Infringement Issues

Filing an improvement patent is one thing—staying clear of infringement is another. Patent infringement occurs when someone makes or uses a patented product or process without permission. With improvement patents, infringement issues become more complex, especially when the improved product builds on the original invention.

For example, if you invent a new type of smartphone camera that offers better low-light performance, but it still relies on existing camera sensors, you might need to license the original sensor technology. Without proper licensing, the original patent holder can sue you for infringement.

Improvement patents and original patents often result in patent thickets—a situation where multiple overlapping patents exist in one field, making it hard to launch new products without stepping on someone’s toes. That’s why industries like telecommunications and pharmaceuticals are known for their tangled webs of patents.

How to File for a Patent on an Improvement?

Patenting an improvement to an existing invention generally follows the same steps as patenting a new one. Here’s how you can do it:

• Conduct a Patent Art Search: This thorough investigation, often performed by a patent attorney, examines existing inventions that overlap with the improved invention. It helps assess the likelihood of patent approval and allows inventors to refine their inventions based on identified prior art, enhancing their chances of success.
• Draft a Detailed Description: Your application must clearly explain the improvement, how it works, how it differs from the original invention, and the specific elements you want to protect in your claims.
• If your improvement introduces a new use for the original invention, ensure that the patent application includes a detailed description of this new use, as it will play a critical role in defining the patent’s scope and protection.
• File with the Patent Office: Submit your application to the relevant patent office (like the USPTO in the U.S. or the EPO in Europe). Be prepared to pay filing fees and go through a review process.
• Once submitted, the USPTO will examine your application to determine if it meets all legal requirements for patentability. An examiner will thoroughly review the improvement’s novelty, utility, and non-obviousness during this examination phase.
• The examiner may issue office actions, requesting additional information, clarifications, or changes to your application. It’s essential to address these promptly and accurately to keep the patent process moving forward and ensure that your improvement is fully protected.

Remember, patents last for a set period but require maintenance fees to keep them active. Regular renewals ensure your improvement remains protected over time.

What’s Next?

Yes, you can patent an improvement, but it must meet certain criteria, including novelty and non-obviousness, even if it builds on a previous patent. Improvement patents play a vital role in keeping products relevant and enhancing user experience, which is why they are a critical component of modern innovation.

Whether it’s repurposing an ointment for human baldness or introducing advanced technologies into older inventions, these patents allow inventors to push boundaries and bring new solutions to market.

However, navigating the legal aspects of patenting improvements can be tricky. You may need to obtain a license from the original patent holder if your improvement relies heavily on their invention. Additionally, staying competitive requires more than just innovation—it demands proper protection of intellectual property.

As innovations play a vital role in staying competitive, protecting them is crucial. Bytescare offers digital protection services to ensure your intellectual property, including patents, remains safe from infringement.

Whether you’re developing new processes or improving existing technologies, having the right protection in place is essential for success in today’s digital sphere. Book a demo today and experience our solutions firsthand!

For everyday people and large corporations alike, safeguarding intellectual property is the key to maintaining a competitive edge and ensuring long-term growth.

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