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I had filed a patent earlier in India and have got the patent granted from one country through PCT. At that time I had selected only one country and I have missed the PCT deadline. Can I refile a new patent with same information and little more enhancement in India and file for PCT in few more countries?

  • Great question. I don't know much about Indian statutes, but my understanding in general of the PCT is that it is a hard deadline. – DukeZhou Oct 25 '17 at 18:05
  • Yes Duke.. PCT is hard deadline. I am planning to reapply same patent as fresh patent and apply for PCT for that – Pooran Oct 26 '17 at 4:58
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    I’m not an expert, but your first patent is likely going to be prior art and keep you from getting additional patents for the same invention. – Eric Shain Oct 26 '17 at 17:05
  • I strongly concur with Eric Shain. Generally, once an invention is in the public sphere and any grace period has passed, the invention is no longer eligible. – DukeZhou Oct 26 '17 at 17:40
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Absolutely no.

You mention that you already got a patent granted and you followed the PCT route upon which only one national entry followed. This means that both the granted patent and the PCT are published and form now part of the prior art.

If you file the same patent application, the PCT and probably the granted patent will be cited and destroy novelty.

So no one will stop you from filing a copy of an old patent application, but it will be a waste of time and money. Don't do it.

  • How about I cite the patent, and add few more inventions, not claim the original claims but patent text will have references to earlier invention? – Pooran Oct 28 '17 at 6:17
  • You can use the same text, of course. What matters are the claims, those are undergoing examination. If the new claims are novel over the previous ones, you might have a chance, but you will have to argue inventive step as well. – chempatent1981 Oct 28 '17 at 7:34

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