How to Patent Improvements on Existing Inventions

Innovation rarely happens in a vacuum. Most new inventions build upon what already exists — refining, improving, or reimagining earlier designs. Yet many inventors mistakenly believe that if something has already been patented, they cannot obtain a patent of their own. In reality, that is not always true.

Under U.S. patent law, an improvement to an existing invention can be patentable, as long as it meets certain requirements. Understanding how improvement patents work can help inventors and businesses protect meaningful advancements while avoiding costly mistakes.

What Is an Improvement Patent?

An improvement patent is a new patent that covers a modification, enhancement, or new feature added to a previously known invention. The improvement must be novel (new) and non-obvious (not an expected or simple modification).

In other words, the improvement must contribute something that a person skilled in the relevant field would not have easily thought of. The invention as a whole must still meet the basic criteria for patentability — utility, novelty, and non-obviousness.

For example, a new battery design that allows a smartphone to charge twice as fast may be patentable, even though smartphones themselves have existed for years. The improvement adds a functional advantage that changes performance in a meaningful way.

Examples of Patentable Improvements

Improvements come in many forms. Some of the most common include:

• Performance enhancements: A machine that operates more efficiently, faster, or with less energy.
• Structural or material changes: Using new materials or configurations to improve durability or weight.
• Design refinements: Aesthetic or ergonomic improvements (sometimes covered by design patents).
• Functional adaptations: Modifications that expand an invention’s usability or solve an unaddressed problem.
• Integration of new technology: Combining existing products with emerging tech — for instance, adding smart sensors or software automation.

Innovation is often incremental. Even small refinements, if properly documented and claimed, can qualify for patent protection.

The Challenge: Building on an Existing Patent

While improvement patents are permitted, they often create a layered ownership structure. The inventor of the original product may still hold a valid patent, and the new improvement may depend on the earlier technology.

This means an inventor could receive a patent for their improvement, but still be unable to use, make, or sell the invention without permission from the original patent holder. Similarly, the original inventor cannot make or sell the improved version without permission from the improvement patent owner.

This relationship is often managed through licensing or cross-licensing agreements, where both parties benefit from shared innovation. Such arrangements are common in industries like electronics, automotive, pharmaceuticals, and software, where new developments build on a foundation of existing patented technology.

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Requirements for a Patentable Improvement

To secure a patent on an improvement, the invention must meet the same legal standards as any original patent:

1. Novelty: The improvement must be new — it cannot have been disclosed or used publicly before the filing date.
2. Non-Obviousness: The change cannot be a trivial or predictable variation that someone in the field could easily deduce.
3. Utility: The improvement must have a clear, practical benefit or function.
4. Adequate Description: The patent application must fully describe how the improvement works and how it differs from existing inventions.

Even small differences can be significant if they solve a problem in a unique way. This is where skilled patent drafting and claim strategy become critical.

Strategic Advantages of Improvement Patents

Improvement patents are not just for individual inventors — they are also valuable tools for businesses seeking to stay competitive. Some strategic benefits include:

• Protecting incremental innovation: Secures continued IP protection as technology evolves.
• Strengthening negotiation power: Provides leverage in licensing or partnership discussions.
• Blocking competitors: Prevents others from making similar advancements in the same field.
• Building patent portfolios: Expands the company’s overall IP assets and valuation.

Even if a product’s core patent expires, new improvements can extend the competitive advantage for years through additional filings.

Best Practices for Inventors

Inventors developing improvements should follow these key steps:

1. Research existing patents to ensure the improvement is new and to identify potential overlap with existing rights.
2. Document all changes and why they matter — technical drawings, test results, and development notes strengthen a future application.
3. Work with a patent attorney early to determine the best filing strategy and avoid infringement issues.
4. Consider licensing or collaboration with the original patent holder if the improvement depends on their technology.
5. Plan for portfolio growth — even small incremental filings can build long-term protection.

Conclusion

Most innovation is evolutionary, not revolutionary. The majority of modern patents protect improvements, not entirely new inventions. For inventors and businesses alike, understanding how to protect these advancements can mean the difference between owning a competitive advantage — or losing it to someone else.

Patenting improvements requires precision, planning, and legal expertise. With the right strategy, even a small innovation can become a powerful piece of intellectual property — one that drives growth and protects creative progress for years to come.

Looking to Protect Your Intellectual Property?

Please contact Arlen Olsen at Schmeiser, Olsen & Watts LLP at aolsen@iplawusa.com.

About the Author

Mr. Olsen, a former adjunct professor of intellectual property law, has over 30 years of experience in all aspects of intellectual property law. Mr. Olsen is a founding Partner of Schmeiser, Olsen & Watts LLP and a former United States Patent Examiner. Mr. Olsen has prosecuted numerous patents that have been litigated and received damages of over 60 million dollars. Additional activities include teaching seminars, appearing as a guest lecturer on intellectual property matters for corporations and educational institutions, and evaluating and consulting with clients regarding the scope, enforcement, and protection of intellectual property rights.