IMPROVEMENT PATENTS

Patents in the USA

Improvement patents are basically a novel and unobvious improvement to a current or an expired patent.  The term improvement patent can also refer to an improvement to an existing device whether or not it is already patented.

Improvement patents must pass all of the standard tests which apply to all patent applications.  They must be novel, useful, and non-obvious.  Many times improvement patent applications are made because the inventor discovered a better way of making that invention after the original provisional or nonprovisional patent application was filed.

You should note that some improvement patents are not actually filed by the original inventor, but another inventor.  Let’s say that Joe inventor invents the inflatable spoon comprising a spoon with an orifice to inflate the apparatus.  Another unrelated inventor Jane, may file an improvement patent on that inflatable spoon with an integrated pencil.  Note that the original patent by Joe Inventor would not allow Jane to make her improvement invention.  However, Jane’s improvement patent would prevent Joe from using that improvement with his own invention.

Sometimes these improvement patents are known as "blocking patents".  Let’s say that company A invents a new cell phone with an integrated laser pointer that becomes all the rage.  Rival company B can use a blocking patent to prevent company A from going into the firearms market by filing an improvement patent which integrates a small firearm with the integrated laser pointer cell phone.  Even though company B has no intention of marketing and selling this invention (and they could not without company A’s permission), company B just wants to "block" company A from reaching into another market segment.

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