QUESTION
Can someone change a product that I have a provisional patent for?
Asked on Oct 10th, 2011 on Patents - Oregon
More details to this question:
I have a question about pharmaceutical patents. If I create a pharmaceutical product with a provisional patent, can somebody add, delete, or change one of the ingredients and make it their product or am I protected because of the idea?
1 ANSWER
This all depends - if the changed ingredient would be an obvious substitution for the eliminated ingredient as would be known by one skilled in the art, then NO, HOWEVER if the change in ingredients is not obvious and the new ingredient does not function in the same way to obtain the same result, then YES.
Answered on Oct 24th, 2011 at 6:55 PM