Slight change to another product as my new product

[advise-me]

What is the name of your state? TX

I've thought of a way I can make a small change to a simple product already available and use that product in a completely new way targeting a completely different market. I read in other posts that there's nothing wrong with buying another product and using it as part of yours as long as you don't infringe on trademarks. What if you're only making a VERY minor change to the original product?

Here's an example, but not the product I've come up with. Let's say your product is simply made of a ceramic floor tile you buy at a home improvement store and now you want to use the tile as a pot warmer, so all you do is put some decorative trim around the tile and slap your own logo on it. Would anyone have a reasonable complaint about that?

Would it be difficult to patent my new product since the change is so minor, even though the new usage would be much different? What type of patent should that be?

Thanks in advance!

 

[divgradcurl]

I've thought of a way I can make a small change to a simple product already available and use that product in a completely new way targeting a completely different market. I read in other posts that there's nothing wrong with buying another product and using it as part of yours as long as you don't infringe on trademarks. What if you're only making a VERY minor change to the original product?

Doesn't matter. So long as you purchased a legal copy of the product, any rights are "exhausted" by the first sale. So long as you don't try and manufacture your own version (assuming the product is patented), or use the original product's trademarks to help sell (or "pass off") your "improved" product, then there should be no issues.

Would it be difficult to patent my new product since the change is so minor, even though the new usage would be much different?

Can't say without knowing all of the facts, but in a very general sense, the answer is "probably pretty difficult."

What type of patent should that be?

Depends again on the facts. But there are only three types of patents -- utility patents, design patents, and plant patents, so it will be a utility patent if the new invention is useful, a design patent if the new invention is strictly ornamental (and the design cannot be separated from the utility of the device), or a plant patent if it is a new type of plant.