REFILE PATENT APPLICATION

Posted by Michael Shimokaji | Jul 19, 2019 | 0 Comments

QUESTION: Is it possible to tweak utility patent and refile a new patent around the concept after the original patent expires? My patent is expiring in two years. I'm still trying to build a business and/or license it. Is it possible to tweak utility patent and refile a new patent around the concept after the original patent expires?

ANSWER: You can refile your patent application with a “tweak” now or after your patent expires. However, your prior patent will be considered prior art to your refiled application. In other words, your refiled application must be not be obvious in view of your prior patent.

About the Author

Michael Shimokaji

Mr. Shimokaji specializes in the health care industry, including medical devices, medtech, and life sciences. Over the last 30 years, he has also supported clients in industries as diverse as aerospace, apparel, chemicals, computer software, and telecommunications. His expertise includes infringement litigation, patent and trademark portfolio development, and intellectual property transactions.

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