A concept or [software] routine/process has been used previously, but has not been patented. If I successfully patent that concept, will I be able to claim infringement when it is used in a future creation by the same entity that had used it in previous creations before I had filed the patent?

1 Answer 1


To get a chance of granted Patent One need to satisfy two basic concepts:-

  • Novelty
  • Inventive-step

If a information is already available one cannot get patent over it (except certain rules like 12 month prior and inventor is same). Therefore you cannot get patent over previous disclosures.

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