Starting a Business

Can I get a patent on a modification of an existing invention?

Do I need to patent a baby carrier I am planning to sell? I kind of modified the existing one. What if the seller of the original carrier has the patent? Can I still sell mine?

Thanks,
Lana
min read
Opinions expressed by Entrepreneur contributors are their own.
If you have added something original, non-obvious, and useful that improves the original invention, you may be able to obtain an improvement patent. But, beware: an improvement patent will not give you the right to manufacture and sell your improvement. To do that, you will need to obtain a license from the original patent holder (unless that patent has expired). However, it will prevent the original patent holder from manufacturing or selling your improvement unless it obtains a license from you. Often, the holders of the original and improvement patents will cross-license so each may manufacture and sell both the original and the improved invention. Patents are a very complex subject and you should not attempt to operate in this area without the advice of a licensed patent attorney.

More from Entrepreneur

Are paying too much for business insurance? Do you have critical gaps in your coverage? Trust Entrepreneur to help you find out.
Get Your Quote Now

One-on-one online sessions with our experts can help you start a business, grow your business, build your brand, fundraise and more.
Book Your Session

Whether you are launching or growing a business, we have all the business tools you need to take your business to the next level, in one place.
Enroll Now

Latest on Entrepreneur

My Queue

There are no Videos in your queue.

Click on the Add to next to any video to save to your queue.

There are no Articles in your queue.

Click on the Add to next to any article to save to your queue.

There are no Podcasts in your queue.

Click on the Add to next to any podcast episode to save to your queue.

You're not following any authors.

Click the Follow button on any author page to keep up with the latest content from your favorite authors.

It Started As a Joke and Turned Into a Startup That Raised $1 Million in Funding