I’m just curious – why did you start a separate forum about the same subject?

I thought it was a bit of a different question; regarding a specifc part of the patent that was linked in the other forum. Should I have tagged this question on to that other forum? I’m new – so I am not sure!

Claim 1: “A support pillow comprising: a cushion body having a medial region and two opposing arms that define a generally open well, with the cushion body having an outer peripheryand an inner periphery adjacent the well, and wherein each of the arms terminates in an end; and a fabric cover disposed over the cushion body such that the fabric cover conforms generally to the shape of the cushion body, wherein the fabric coverincludes a connector at each end to operably connect the ends when the connectors are fastened together, and wherein the fabric cover includes a harness that is positioned across the open well.”

To infringe on this claim, all of the elements in this claim must also be included within your product. But, for example, if there is no “fabric cover disposed over the cushion body such that the fabric cover conforms generally to the shape of the cushion body,” there is no infringement. Hypothetically substituting a plastic cover for the fabric cover would do the trick.

You may analyze the rest of the claims in a similar manner, although claim specific complications can arise.

But don’t just locate one patent and assume it is the only patent you should be concerned with. There may very well be other patents out there in the field which either boast broader claim scope or are simply more specific to what you have in mind.

Thank you, criteriond. Yes, there are other patents that I am looking at, but the one I linked to was the most specific to what I have in mind. I appreciate your insight!

I would also check the prosecution history of the patent. There may be limitations in the claims that were inserted in order to avoid relevant prior art.

The easiest way to design around a patent is to omit one of the limitations. In this instance, omit the connectors or the harness over the open well. The issue is whether these omitted elements make the product less marketable.

I have found this particular post very helpful! Thank you. I am having the same questions for several products that I am working on. In one case, it would be improving dramatically the original product. In another case, it is taking a product which exists for one purpose and adapting it to another purpose.

The only advice that I had found (until this post) was that my invention needed to be “novel and not obvious” evolution of the previously patented product. This is SOOO vague and could be interpreted wildly. Your answers here have helped to clarify some parameters.

I would look forward to hearing more discussion on this. Perhaps, someone has some prior experience “adapting a previously patented product?” What did you learn? How do you avoid problems?

Do yourself a favor. If there is ANY complications or similarities in the baby product field STAY AWAY.

Sorry to tell you this but every mom and even me who was like the mom too comes up with a baby invention. The field is FLOODED and EVERY mom seems to be an inventor.

We do have one very impressive member here named Rose that has taken a baby product to market on her own or just getting orders now but she paid for packaging, A-1 graphics, paid for the first run by the manufacturer…she stands not much over 5ft but to me she is Superwoman!

If you are ready to stand apart from every mom that has an idea then go ahead….but if you are not willing to dedicate EVERYTHING to your idea…find another idea in a field that is not so tough to crack.

I would say toughest is the baby field…don’t forget all the testing you need to pay for too…then the toy field and then kitchen. This does NOT mean “it can’t be done” but you better know your stuff.

Ron Komorowski
Inventor of Handi-Straps
www.handi-straps.com

[Rachel]: “The only advice that I had found (until this post) was that my invention needed to be “novel and not obvious” evolution of the previously patented product. This is SOOO vague and could be interpreted wildly. Your answers here have helped to clarify some parameters.
I would look forward to hearing more discussion on this. Perhaps, someone has some prior experience “adapting a previously patented product?” What did you learn? How do you avoid problems?”

If you want to patent something, it has to be novel (not in another single patent or reference) and non-obvious (not covered by a combination of patents/references). If you want to market a product without getting a patent, however, you don’t have to worry about the non-obvious part, you only have to make sure you’re not completely copying another individual patent. For that, you can use the discussion above as to modifying or omitting one of the claim limitations to design around it.

To Add to bsorenson… “non-obvious” includes that the invention is not an obvious modification/result to an “average” person “skilled in the art”. Also, if you are attempting to patent a “modification” or “improvement”, you will only be able to claim patent to that portion of the “invention” that is different (unique). Sometimes when this happens, an inventor is then forvced to purchase or license the base product from the original patent holder (assuming it’s still in effect) then add their improvement or modification to it (if relevant). Since you say it has a different “function”, perhaps you should consider a “NEW-USE” patent. Again, the above criteria of novelty and non-obviousness would apply.

TYPOS
Great thread. (I cannot tell how to start a new thread so I will ask this here)
After an application for patent has been filed, can you correct typos?
I have typos where the identifying number after the noun is missing, where the number is wrong and typos where the word is wrong and the number is correct…

Even college textbooks have typos so you would think there would be a mechanism for corrections, but maybe not because people could slip in “and I invented the i-phone”.
I look forward to your replies.

Fuggy,
Generally speaking you can file a “correction” at anytime during the prosecution (including after notice of award – believe it or not). There is a proper format/method for doing so (see www.USPTO.gov) You may want to just wait until the first office action, then include the corrections with your response.

Thanks KJ,
Your help is appreciated.

KJ, thanks for your information above. I’ve never heard of a “new use” patent but believe that is what I’ll have to do with the idea I submitted for the BBB outdoor living. I just keep learning so much from these posts!

To clarify… There actually is NOT a “new-use” patent (I used the wrong phrase), but rather you can CLAIM a “new-use” which is an acceptable means for allowing a patent.