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Should I improve?

This way you will receive a patent for a product that you have upgraded

A patent can also be issued for products that are an upgrade of existing products and not an invention of an entirely new product.

Adv. Gad Bennett explains the conditions for obtaining a patent and whether we have actually invented everything

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• Patents

Adv. Gad Bennett, in collaboration with Legal Zap

Thursday, 18 November 2021, 12:24 Updated: 12:32

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In the video: Adv. Gad Bennett on patent registration (Editing: Gilad Manheim)

You have a brilliant idea for a new product and you are convinced that it will succeed in the market but in fact it is an upgrade or improvement of an existing product or a combination of existing components.

Can you still register the idea as a patent?

Advocate Ganei Bennett from the office of Paulina Ben-Ami says that this is a very common question.

If it is a new product, there is a good chance of obtaining a patent for it, "explained Adv. Bennett.

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As an example, Adv. Bennett cites the wing shutters. In the first round the patent examiner rejected the application on the ground that the components were recognized and there was no inventive step. Our job is to argue and I told him that while the components are known but the connection between them solved a problem that has bothered us all for almost 40 years. That's why we ended up getting a patent. "

But is it possible to get a patent for a product upgrade using a new component? Advocate Bennett explains that “basically if the upgrade gives some advantage you can get a patent on it. In fact, in reality there are very few patents that are out of nowhere, most patents are improvements and variations on existing products. "Adv. Bennett further explains that every patent that is granted has a legal part that determines the scope of protection. "There is a situation where the patent on the original product will block a patent for improvement, but even the owner of the original patent will not be able to sell the improved product - in many cases a commercial agreement is reached on the matter."

In conclusion, Adv. Bennett clarifies that in his opinion we are far from exhausting the capacity of human invention. "Many years ago, they said that we invented everything. In my opinion, we do not know a million of what they can invent. "

Adv

.

Gad Bennett is

:053-9377857

courtesy of Zap Legal

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