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Can an invention be patented if it isn’t new?

silver mac with designs that need to be patented

While you can’t patent an invention that has already been patented, you may be able to patent a particular function or design of it.

A utility patent is appropriate for new or improved inventions. Of course, in your situation, it would be for an improvement on an existing invention and not a patent for a brand new idea.

A design patent doesn’t focus on the use of the product at all. Instead, it focuses on the ornamental features of it. So, if you are creating a brand new look to an existing invention, then this may be protectable under this type of patent.

To learn more about this, check out What is the difference between a utility patent and design patent?

If you would like to explore your options, please connect with us at LawTrades. We can put you in touch with a skilled patent lawyer to help you better understand this process.

Best of luck!


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