Scottsdale, AZ asked in Patents (Intellectual Property) for Arizona

Q: If someone started the process of obtaining a patent and did not complete the process can someone else reapply for it?

The original patent application is over 20 years old.

2 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: No. If it was published, then anyone can use it. Nobody can get a patent because (a) it is not new, and (b) they did not invent it.

Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: Mr. Mlynek is correct that you cannot seek a patent in the US on an idea that you did not invent.

If you should seek a patent on an improvement to that old application, be sure that you submit the old application as part of your Information Disclosure Statement.

I hope this helps

Kevin E Flynn

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