Inventors often believe that their invention is not patentable because it is an improvement of a patented invention.
However, an improvement of a patented invention is patentable provided that, in view of the state of the art , it:
- is novel;
- involves an inventive step (ie, it is not obvious); and
- is susceptible of industrial application
The "state of the art" is defined as everything made available to the public before the date of filing of the patent application. Continue Reading