New Product

[tcab172525]

What is the name of your state? New Jersey
I have something that I think would help out many...it is a current machine but the idea is to bring it to others in an easy fashion...does this need to be patent? i may not be explaining myself so here is an example: if i wanted to use the coinstar machine but change the look and add an additional process to it, would this be patent? (this is not what I'm thinking) or the standard copy machine has been around for awhile, when manufacturers started adding on scanners/fax to the copy machine did they have to get approval from the original copy machine manufacturers? does something get patented when it is a machine that is known but with the look changed completely and with some add-ons?

 

[divgradcurl]

The answer to your question will depend on what patents exist on the original machine that you want to improve, and what you are planning on doing. Very generally, if machine A is covered by a patent, you could purchase a legal copy of machine A, modify it, then resell the machine (there are a lot of limitations, but this is the general result of the "first sale doctrine," which basically says that once a patented object enters "into the stream of commerce" by being sold to someone, the patent holder can no longer control sale and use of THAT particular object).

However, if machine A is covered by a patent, you could not manufacture your own version of machine A, even if it was manufactured with your improvements. That would be patent infringement.

Further, if you idea is simply an improvement of an existing patented product, your idea may be covered by the existing patents anyway.

If you have an idea, your best bet is to sit down with a local patent attorney, who can review all of the facts of your current situation and advise you accordingly.

 

[divgradcurl]

Also, your improvement may be entitled to a patent as well, your patent attorney will be able to advise you. However, even if you can obtain a patent on your improvement, you still could not manufacture machine A, with or without your improvement, without permission -- a patent gives you the right to keep someone else from violating your patent, it does not give you the right to "practice" your patent if, by practicing your patent, you infringe someone else's patent.