3

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?

0

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.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.