IMPROVEMENT INVENTIONS

Most patent applications are directed to improvement inventions, i.e., improvements of known devices or methods.  In fact, a truly pioneering invention, i.e., an invention which is the first of its kind is typically less than 1% of all patent applications filed.  Even some of the most famous inventions in history were rarely true pioneering inventions. Take for example, Thomas Edison and his famous invention the “light bulb.” In fact, there were many light bulbs patented before Thomas Edison filed his own patent application for a light bulb.  So clearly, in view of the prior art, Thomas Edison couldn’t have gotten a patent on “a light bulb” because light bulbs were already known.  As a side note, for those who love history, Thomas Edison patent application was entitled “Electric lamp” and was granted by the US Patent and Trademark Office on Jan. 27, 1880 from US patent application no. 223,898. 

So, what was the improvement that made his invention patentable and him world famous and fabulously rich?  The answer is that Thomas Edison found out that using wolfram in the light bulb filament improved significantly the incandescence of his light bulb.  So, although, they were many well-known light bulbs out there, none was using a wolfram filament. This difference together with the fact that the use of wolfram provided an unexpectedly improved light bulb made his invention patentable and Thomas Edison one of the greatest inventors of all time.

Great inventors, like Thomas Edison have a knack for taking something that someone else has already invented and making it better.

In my career, as a patent attorney,  I am asked frequently whether combining known elements in a new configuration can result in a patentable invention. The answer is yes, provided that the combination is new and includes an inventive step (often stated as being non-obvious).  Of course, what is new and non-obvious is not easy to determine and is always based on a case by case determination based on many legal principles and court decisions.

However, as an inventor you need not be concerned with the nuances of patent law. If you believe that your invention has never been done before then you should seek patent protection. 

During patent prosecution (which is the back and forth communications with the patent office for determining the patentability of your invention), more often than not, the main issue is whether the invention is nonobvious. This is a rather difficult question to answer with certainty for any invention. 

In fact, no one can give you a guarantee that any particular invention will be nonobvious.  There is no way for getting a definitive answer without filing a patent application for your invention and engaging with the Examiner (with the patent attorney representing you) about the uniqueness and merits of your invention in light of the prior art that is cited against your invention by the Examiner.

Georgios Georgellis
European Patent Attorney