Painted It Red - Now Can I Patent It?

Stephanie wrote in asking if she could use an item (invention) that already exists and repackage and sell it. A fictious example of this would be that someone has a patent on a horn used for cars or bikes. Stephanie wants to take the horn as is, but paint it, add bird graphics, change the shape, and market it as a bird horn to chase unwanted pigeons away. Stephanie wants to know what would be required to proceed with this bird horn, a patent, a license, or a trademark?

Stephanie let's take your fictious example and ask if the patent on the car horn has expired? Patents only last twenty years and then the technology becomes public domain and you could use it. If the patent has not expired, cosmetic changes alone would not give you the right to freely use the horn. You would have to license the patent from the owner. More than one patent can be issued to different inventors of car horns, however, the differences between utility patents have to be mechanical rather than cosmetic. Please read my lesson on What Can Be Patented? and read what "nonobvious" means. I would suggest you also read What is a Patent, Trademark, or Copyright?