Question
I have built an enhancement to an existing device. I would like to patent it, but I feel it it may fail the obviousness clause when applying for a patent. This is the best analogy I can think of: Can I potentially patent a box shape when applied to the head of a rocket? In this example, the box shape has specific advantages (over other shapes of rocket heads) and no patents for box-shaped-rocket-heads exist (in this example, no one has thought of it).
Answers: 2 public & 0 private
If you can effectively claim the advantages of the box shape you may have a good chance of overcoming the obviousness hurdle. Ensure that in your specification that you discuss conventional rocket heads, what they do, what they don't do, why it would be better if the rocket head had a box shape, then fully discuss the box-shaped head in your detailed description of the specification, and then claim it. The examiner will probably issue an obviousness rejection but with your arguments, supported by your specification, you should be able to overcome the rejection.
Steve gave the prefect answer, agreed.
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