San Diego, CA asked in Patents (Intellectual Property) for California

Q: can I file a New Use Patent if someone else has rights to the product?

I read this on this site under New Use Patents: a "second company" is awarded a new use patent.

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: Yes, this is common. Inventor A gets a patent for an invention, and then inventor B files for an improvement to the invention. Inventor A cannot practice the improved version because inventor B has a patent on it, and Inventor A cannot practice either the original invention nor the improved version of the invention.

Typically, what ends up happening is crosslicensing: A licenses his patent to B and B licenses his patent to A.

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