Comment by tgsovlerkhgsel
7 months ago
> The prior art requirement isn't "there exists nothing like this before" but rather "this invention hasn't been listed before".
Wow. So this is how "evergreening" works? You patent enough of it that nobody can replicate it, but not everything, then every couple of years you patent one more non-obvious detail even though it's already included in v1?
I always thought patenting has to happen before first public use. I wonder if that's different in Europe.
Kind of, not really though. You can't patent the same thing again.
> 35 U.S.C. 101 has been interpreted as imposing four requirements: (i) only one patent may be obtained for an invention;
You need to improve upon it and have a new claim.
If I was to patent A and make it, and then patent B which improves upon A at some point in the future, when A's patent expires someone else can make A and if they show that they're making A and not B, there's nothing I can do about it.
The issue is that often B is better than A (why make a 223,898 light bulb when you can make a 425,761 light bulb?) so while you could make A, its not commercially viable to do so.
The thing is that I've got a research line looking at making improvements on B and patenting C later which is a further improvement on B. The investment of time, knowledge, and resources to be able to do refinements of A to make B, C, and later D - that's where it's hard to get into it.
Someone else could improve on A to make B' and if it was different than how I did B, they could patent that. Though in the real world, this often involves in hiring away people who are familiar with A and investing a lot of time / money into making a B' that might get interpreted by the courts as too similar to B.