Patent How different must re-design be?

[BerlinSky]

Jurisdiction

US Federal Law

Dear all,

My name is Marco and I'm new to this forum which is truely an insightful resource. I have a question which I hope fits here and also that I can express myself well enough for you to understand my issue.

As a graduation design project at my university I am considering to redesign the typical u-shaped (but boring) travel neck pillow that you all may have seen on airplanes or bus journeys. There are numerous designs on the market, u-shaped, o-shaped, cushioned, inflatable, and some with fixation options to secure the pillow around the neck. Part of my project must however also be a commercial consideration, so I came across patent law and its terminolgy and concepts, ...but jesus, I definitely need complementary opinion on my issue here:

My design would probably have the same underlying "utility" as the majority of such pillows (provide rest to the head) and the same underlying shape (u-shape / o-shape /...), but would have a specific form that I believe is not available yet, but a significant improvement in head rest quality. But because the market has to date seen quite a number of offerings in this product category, I ask myself:

1. in what depth product characteristics have to differ from one another in order to get a patent and /or to keep out competitors (US law)? Would there hence be any economic rationale for my fictive company to have a design patent?
   
   
2. whether the type of incremental design diffentiation I described above could suffice for patentability?
   
   
3. whether someone with a patent on the basic utility of such a pillow (provide rest to the head) but with a different product shape could sue my fictive company for infringement, or whether my novel form/shape would suffice for the entire product to be regarded "non-equivalent"?

Thanks for sharing your thoughts!!!

Marco

 

[army judge]

If you plan to create a prototype, test it, and develop a product that will revolutionize the industry niche; you need to consult a patent attorney.

There are too many GOTCHAS for any inventor or entrepreneur to go to market unless he or she has legal representation.

I wish you much success, but proceed with caution, and make sure you retain counsel.

 

[adjusterjack]

• in what depth product characteristics have to differ from one another in order to get a patent and /or to keep out competitors (US law)? Would there hence be any economic rationale for my fictive company to have a design patent?

• whether the type of incremental design diffentiation I described above could suffice for patentability?

You've got it backward.

First, you look up all the patents for similar pillows, then you create something different enough for which you can be granted a patent. There is no way to predict the necessary extent of those differences.

So far, I found three patents. That's just from 1976 to date. There could be more.

Patent Images

Patent Images

Patent Images

whether someone with a patent on the basic utility of such a pillow (provide rest to the head) but with a different product shape could sue my fictive company for infringement

Sure. Having a patent provides protection but doesn't prevent lawsuits.