1

possible prior art(old lapsed patent A)

Active patent #1

Active patent #2

Application patent #3

I am curious as to how the new patents were able to get approval on their claim 1 when it is very similar to a lapsed patent claim 1 and how possibly can the application may get approval? .

3
  • I have gone thorough the same thing. If there is even a less than 1% difference in your patent and the already available patent, you can file your application and most probably if the owner of lapsed patent guy don't put a claim, it will get approved. But exactly the same patent even if its lapsed wont get approved.
    – NitinG
    Oct 28 '14 at 11:09
  • so if i use the claim from the lapsed patent to design a product. it would not infringe the newer patents since its prior art correct?
    – user11780
    Oct 28 '14 at 15:44
  • you cant use it directly. You need to prove that yours is different from lapsed one as lapsed guy may come back.
    – NitinG
    Oct 28 '14 at 16:30

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