Expert: George H. Morgan, P.E., Patent Agent - 7/19/2010

Question
My question is if I have an Idea that is off an existing product how do I know if it is different enough to patent. For instance if the flathead screwdriver and then i come along a patent the phillips head it is really the same thing used the same way just a different shape. I mean along those line would that work.

Answer
The short answer:  A resounding maybe!
In the example you gave, the different shape was not just a different shape, it was a shape that greatly improved the screw for automated assembly, which is a big deal in the appliance industry, the automotive industry, and other mass production assembly lines.

So, it depends.

You will have to get into specifics with a patent practitioner, and then you still won't know until your application is reviewed by the patent office.

Basically, the change must be an improvement, that was not obvious, and has significant improvements over the prior art. After the Supreme Court raised the bar, so to speak, on the topic of "obviousness" it has gotten much tougher for the casual, first time, inventor to secure a patent.

I strongly recommend, before you spend any money, is to beg, buy, borrow, or steal a copy of "Patent It Yourself" by David Pressman, published by Nolo Press. It is available through your local free public library, or you can buy it either directly from Nolo Press, Berkeley, California or from  your local book store. The latest edition is the 14th edition. However, Alexander Hamilton, Bookseller, out in Connecticut has an inventory of them for approx. $7.95 plus $3.00 S&H, which is where I bought my latest copy.  This text will help you understand the process. It is not an easy read, but the content is great.

A caution...there are a lot of "invention promotion" companies out there offering doubtful services for high fees. Some of the more notorious include Worldwide Patent Assistance", Davison, InventTech, Invention Submission Corporation, Absolutely New, United Inventors Association, to name a few. My web site, http://www.evansville.net/biz/patagent has a link to the Ron Riley web site, on my inventor's resources page, which lists many of the doubtful enterprises. As one gets identified, they often change their name. As it says in the New Testament, "Their name is Legion".

Deal only with practitioners listed as registered patent agents or attorneys, on the www.uspto.gov web site list of authorized practitioners. Avoid the companies operating under generic type names. Especially  the ones advertising on TV.

I hope that helps. Best wishes on your project. George H. Morgan, Professional Engineer (since 1958), Registered Patent Agent (since 1973)