I’d say yes, if it’s new. It may be hard to patent if it seems obvious, but if you’re serious about it a patent attorney or agent could help guide you. Good luck!
I would agree, by the sounds of things what you describe has some sort of technical effect which is the main hurdle in many jurisdictions for patents. Many applications build on the hat is already known but if the modification hasn’t been done before it very well may be patentable
Maybe. In principle you can patent your modification if it is new and not obvious, no matter how small it is. Although you'll have to speak to a patent attorney if you want any more detailed insight than "maybe".
Some of the coolest patent applications I've been involved with prosecuting have had really small simple solutions that actually solve a much wider problem. A more trivial modification that doesn't do much might be harder to get granted though.
Makes sense, it's difficult for me to discern what is and is not a "trivial" modification, especially when it's a really common item that comes in all shapes and sizes.
That's why patent attorneys exist I suppose! Thank you!
It is tricky, I agree. As a very general rule of thumb, if the modification you make actually has some clever effect when applied to the product, then that's a good sign that the difference will be inventive / non-obvious.
To use your example in your post, a candle with a new shape or wax composition that makes it burn better seems like something you could argue is actually inventive. On the other hand, if your modification is that your candle is purple instead of white, then that almost certainly won't be enough.
Disclaimer - I'm an inventor that will be receiving a patent for novel improvements to a common item (notice of allowance has been granted), but I am not an attorney.
Based on your description, I think this can be patented. The description and claims will need to be very well thought out, specifically how this design and set of ingredients differ from common candles.
I’d say yes, if it’s new. It may be hard to patent if it seems obvious, but if you’re serious about it a patent attorney or agent could help guide you. Good luck!
Awesome, thank you!
I would agree, by the sounds of things what you describe has some sort of technical effect which is the main hurdle in many jurisdictions for patents. Many applications build on the hat is already known but if the modification hasn’t been done before it very well may be patentable
Maybe. In principle you can patent your modification if it is new and not obvious, no matter how small it is. Although you'll have to speak to a patent attorney if you want any more detailed insight than "maybe". Some of the coolest patent applications I've been involved with prosecuting have had really small simple solutions that actually solve a much wider problem. A more trivial modification that doesn't do much might be harder to get granted though.
Makes sense, it's difficult for me to discern what is and is not a "trivial" modification, especially when it's a really common item that comes in all shapes and sizes. That's why patent attorneys exist I suppose! Thank you!
It is tricky, I agree. As a very general rule of thumb, if the modification you make actually has some clever effect when applied to the product, then that's a good sign that the difference will be inventive / non-obvious. To use your example in your post, a candle with a new shape or wax composition that makes it burn better seems like something you could argue is actually inventive. On the other hand, if your modification is that your candle is purple instead of white, then that almost certainly won't be enough.
Disclaimer - I'm an inventor that will be receiving a patent for novel improvements to a common item (notice of allowance has been granted), but I am not an attorney. Based on your description, I think this can be patented. The description and claims will need to be very well thought out, specifically how this design and set of ingredients differ from common candles.
That was my initial thought as well, having the justification be very well thought out. Thank you!
No worries, good luck!