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? – vallismortis Sep 15 '15 at 13:35
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its not patented does that make a difference? – user14999 Sep 16 '15 at 8:42
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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 '15 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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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 '15 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.
