Q: Can I patent features of a new version of an existing product? The new product performs the same function as the original product, but it looks and operates completely differently.

A: Improvements to existing products may be patentable if they are new, useful, and non-obvious. This is true even if the improved product retains the same basic function as the original, but the way it accomplishes that function has changed.

For example, an electronic device such as an mp3 player, or an iPod, may be improved so that it has a longer battery life, uses memory more efficiently, or can be manufactured more economically. The same basic function is the same - the device plays music - but the improvements provide advantages over the original design.

If the look of a product has changed, a patent can be filed that covers the appearance of the product; this is called a design patent.

If you have a patent application pending for the original product, you may also be able to file a continuation application, which claims the improved new product while retaining your original filing date. However, this is only possible if you were able to anticipate the improvements you wanted to make and understood how to make them, and if the practitioner who wrote your patent application had the foresight to question you about any improvements, and to fully disclose them in the original application.

Finally, it is extremely important to keep in mind that if you sell or publicly disclose any patentable invention embodied in your product, you will eventually lose the right to patent that invention.

If you have any questions or would like to discuss your idea or product, please feel free to contact Elliot Furman (elliot AT patentauthority.com, or call 212-222-8106).