What if someone else has a similar invention?
If someone else already has a similar invention in Washington, you may not be able to patent your own invention. This is because one of the requirements for patenting an invention is that the invention must be novel, or something that has not been previously invented or published. If someone else has a similar invention, they may have already been granted a patent, which means your invention is not eligible for a patent. However, it may still be possible to patent your invention if it has some unique features that are not found in the other invention. This is referred to as nonobviousness. In this case, you would need to convince the US Patent and Trademark Office that your invention is sufficiently different from the other invention for it to be considered patentable. If someone has a similar invention and you do not believe your invention is sufficiently different from the other invention, you may still be able to protect your invention by seeking out other forms of intellectual property protection, including copyright, trademark and trade secret. These forms of protection can help to ensure that your invention is not used or copied without your permission.
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