Tuesday, April 12 2022   \  Published by SPRUSON & FERGUSON.

Re- Patenting the Prior Art - How to Avoid "Reinventing the Wheel"!

It is, unfortunately, a relatively common occurrence to find patent applications filed in which the inventor has discovered some unique characteristic or property of, say, a “new” composition they have prepared, and which they believe is worthy of patent protection, only to later find that the purported invention is not novel or inventive. In particular, experiments are undertaken which yield surprising, unforeseen, or counterintuitive results to the inventor, who then prepares and files a patent application with much enthusiasm, only to later find that the invention is new and surprising to them, and that another researcher has traversed the same research path and already published the invention. To avoid this situation occurring, it is obviously preferable to conduct a reasonably thorough assessment of the prior art before embarking on new research.

In the following, we set out some other matters to be aware of to avoid preparing and filing patent applications that might potentially attempt to re-patent the prior art, thereby wasting significant time, effort, and resources. Read more

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