Can a new provisinal utility patent app. be made from a similar 75 year old Utility Patent.

  • Most patents are improvements upon pre-existing inventions, and a patent application could get granted if the subject matter is useful, has not been disclosed before, and not obvious to a person skilled in the arts. The age of the prior art doesn't matter, since it's possible that the field hasn't seen much development in years. That said, you can file application for anything even if it's a complete duplicate of existing patent. The patent office will be very happy to take your money and then reject the application.
    – daniel
    Commented Feb 25, 2016 at 13:36
  • Possible duplicate of Can Patent US 5350471 be re-patented after expiration?
    – zip
    Commented Feb 28, 2016 at 15:40


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