Are patents based on previous patent allowed ?


  • 2
    If the improvement is not anticipated by this and other prior art, not a natural phenomenon, and is not obvious to a person skilled in the art, or if the improvement constitute a new but not obvious use, then it may be patentable.
    – daniel
    Commented Feb 28, 2016 at 3:42
  • Possible duplicate of What is a continuation patent?
    – zip
    Commented Feb 28, 2016 at 15:08
  • 1
    If you don't think it's a dublicate please add a bit more information. This could also go into direction of priority rights.
    – zip
    Commented Feb 28, 2016 at 15:09
  • Yes. You could file your own patent but if it relies on another patent than if it is not expired, you will be able to use your patent only if you get the right to use the other patent from the assignee of the other patent.
    – Moti
    Commented Mar 6, 2016 at 5:53


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