Patenting an invention in the U.S. that may be patented elsewhere

質問

Is it possible to patent an invention in the United States, if someone else has patented a similar invention already in another country, but does not hold a U.S. patent? Thank you!

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回答: 4 public & 0 非公開

弁理士

Not usually. There may be some differences between your invention and what has already been patented, but if they are substantially the same, you cannot normally get a patent here in the US - there are some exceptions, dates come into play, inventors come into play, but normally if A has a patent in Japan, and B wants to patent the same invention here in the US, and A's patent is already more than one year old, you cannot obtain your patent here in the US.

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