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Can I get a US patent on something that is already created in Asia?

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  • possible duplicate of Can I patent a product that has already failed?
    – Parker
    Sep 15, 2015 at 13:35
  • its not patented does that make a difference?
    – user14999
    Sep 16, 2015 at 8:42
  • NO it doesnot make any difference, if novelty is lost then you cant get patent over it. exceptions lies for 12 month in US.
    – Pushpak
    Sep 28, 2015 at 6:46

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Absolutely not, unless you are the one who invented it in the first place.

Note that there are various time periods which may limit the patentability if you are the original inventor and offered something which uses that invention in that other country.

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  • its not patented does that make a difference?
    – user14999
    Sep 16, 2015 at 8:42
  • Did you invent it? That's the key question. Once you've answered that you can start looking at the rules as they relate to offering something for sale prior to patenting.
    – Julie in Austin
    Sep 16, 2015 at 15:11
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Up until two years ago, the answer was "absolutely not." Now the answer is "almost certainly not." The United States has fallen in line with European countries and the PTO now uses on a first-to-file system. https://en.wikipedia.org/wiki/First_to_file_and_first_to_invent . If you're the first person to bring a utility patent design in the United States, AND the product in question has not been described publicly elsewhere, AND you were partially or wholly responsible for inventing the product, AND the product was never filed for patent in the US, you MAY be able to file a patent. I wouldn't enter these waters without a really good patent attorney, and I would expect to be disappointed.

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