how different does a patent need to be from another?

Question

If there are two similar patents how different do they need to be from each other?

If another patent claims multiple things is it okay to create a patent that uses some of those things?

for example a patent claims
1. A method of wirelessly managing the loading of patrons to a restaurant in an environment, comprising: permitting a patron to register a wireless device owned by the patron with the restaurant, the patron belonging to a hierarchy level in a hierarchy of patrons; allocating an electronic entry ticket to the patron through the wireless device, the electronic entry ticket comprising a time and a patron identifier in short messaging service format, the entry ticket corresponding to the attraction; permitting the patron to redeem the entry ticket at the time provided for the allocated entry ticket; and allowing the patron to enter the restaurant using the patron identifier, wherein the patron is further permitted to register the wireless device anywhere, including away from the restaurant, if the hierarchy level to which the patron belongs has a high priority.

2. The method as claimed in claim 1, wherein the patron is permitted to register the wireless device using the wireless device.

3. The method as claimed in claim 1, wherein the patron is permitted to register the wireless device through a website.

Can i make some something similar to that but have the system update through sms on how soon it is until its your turn to enter the restaurant? ( I know there might be a patent for that already i'm just using an example)

Answer 1

It depends on whether your invention is deemed to be NEW and NOT Obvious. Obviousness is judged on whether the Patent Examiner can find 2 or more documents that when considered together would make what you are claiming obvious. If, for example, this first patent included a paragraph had a paragraph that said, "we note that it would be nice to provide time updates to the wireless device indicating an amount of time until the ticket would be honored. However, it is very difficult for a computer to compare two times. Moreover, since it is difficult to determine how long a particular patron will stay, such a service would often result in erroneous time predictions. Accordingly, there is not way to provide this feature.



The first patent "teaches away" from your invention and tends to make it not obvious.



If you find a way to solve those problems, then you will likely get a patent.

Answer 2

That is exactly how 99.9% of all patents (in other words the vaaaast majority of them) are made -- by improving on old patents, or finding new uses for existing patents. It will be up to how well you write your application and the examiner, as to whether or not the improvements or other use is novel enough to warrant a new patent. .

Answer 3

Your patent would be rejected for any number of reasons, most notably as being obvious.

It must be distinguishable to someone skilled in the art as being unique or novel, not merely an adaptation of an existing technology.

The USPTO website has dozens of articles on this very subject.

Answer 4

Patents likely follow a similar system to copyright registration. In the case of copyrights, cases could be make that "derivative works" infringe. So yes, if you expand on the work of another patent, it COULD come back to bite you, to my way of thinking.

Answer 5

SMS is just a subset of "wireless device".