Can you patent a product that is similar to yours?
When dealing with an invention patent is it time to call it quits if there is a product that is similar to yours? If you have a good patent attorney he should be able to dissect the situation and figure out a way around this problem. Even if you are able to find the smallest of differences in the inventions it may give you the room to finish your patent process.
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Can you patent a product that is similar to one found in an existing patent?: Ask the Patent Attorney: Patent Home FAQ #7
Each frequently asked patent question is answered concisely in about a minute by Registered Patent attorney Vincent G. LoTempio.