Question
Hello!
My question concerns inventions that are based on previous, already patented technological developments. I am of course aware of the fact that most patents out there have been granted for improvement upon previous technology. But especially in the area of Chemical inventions, what kind of progress is required to justify a new patent grant?
Thank you very much
Answers: 2 public & 0 private
In the mechanical areas, you simply have to have a feature which is novel and unobvious. Unobviousness, however, is a difficult concept to truly appreciate - not all examiners really understand unobviousness, and not all attorneys truly understand unobviousness. However, the bottom line is, is that if your invention is an improvement over existing patented technology, and is novel and unobvious, you should be able to obtain a patent. Most patents are based upon previous technology which is patented, so there is always a good chance that you can still obtain a patent - it just has to be new and unobvious.
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