0

I had a key idea to StartUp a company. But I found other company already holding a patent(found in Google patent search) on same idea but different approach to accomplish it.

Can I patent the same idea with my own methodology? Is it illegal to use an idea which is already patented?

  • When you say "same idea but different approach" do you mean accomplishes the same goal but uses a different technique? – Eric Shain Mar 14 '17 at 19:02
  • same idea = same goal + same data collection but processing on data is different. – Alwyn Mathew Mar 15 '17 at 18:34
  • Atsby answer then is a good one. – Eric Shain Mar 15 '17 at 18:36
1

Can I patent the same idea with my own methodology?

You can obtain a patent incorporating the same idea as long as your own methodology is a non-obvious improvement over the prior art (including but not limited to that specific competitor's patent). The claims will have to include some of the methodology details to render them non-obvious.

Is it illegal to use an idea which is already patented?

Ideas themselves cannot be patented. It is an act of infringement to practice a patented invention, as defined by its claims and the relevant statutes governing patent infringement. Patent infringement is not a criminal offense. At most, you would be liable for monetary damages and you may have to cease operations if a patent holder obtains an injunction against you.

As always, you should consult a patent attorney who can look at all the details of your situation.

| improve this answer | |
  • so if i have a same idea regarding my own methodology i cant apply for patent?and even this type of idea with my own methodology patent is not available in my country...so what can i do now? – indirajith Mar 5 '17 at 16:05
  • @indirajith The use of the term "idea" is ambiguous. For instance an idea might be to seal a bottle of wine. One technique might be a cork and another might be a screw top. Each is its own implementation, but both address the same need. – Eric Shain Mar 14 '17 at 19:05

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.