In reference to the patent: US 8,384,613
What one has to do, if this patent is not new and just gives the same idea patented in 1990?
I would be grateful on an answer.
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Sign up to join this communityIn reference to the patent: US 8,384,613
What one has to do, if this patent is not new and just gives the same idea patented in 1990?
I would be grateful on an answer.
Any claim that covers embodiments rendered obvious by the description of the previous patent is invalid.
At first glance it appears that the newer patent adds a lot of constraints to the structure; these additional constraints might not be obvious even if the purpose of the invention is the same.
Just because a car has already been patented doesn't mean you can't patent a car. You can still patent a car that has specifics to it that are not rendered obvious by any previously described car. You just can't patent a car at the same level of generality anymore.