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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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  • Do you know the publication number for your patent? Apr 24, 2015 at 5:38

1 Answer 1

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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.

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