I want to patent a patented invention in Korea dated on 2006 in US with my own name. Is It possible or not?
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2 Answers
If you intend to patent the same thing in US or for that matter in any other country, the answer is a big 'NO'. Because, for a patent to be granted, an invention must be 'novel, non-obvious' and should have 'industrial applicability'. However, if you can find any 'improvement' to the existing prior art, then you can pursue the matter with USPTO for patent for the improvement part; subject to absence of prior art (in terms of patent documents and non-patent literature) and judicial exception. As always said here in this site, patent prosecution is complex matter better handled by patent attorneys and here the endeavor is to provide some preliminary guidance and not legal opinion.
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2You also might want to mention that while you can get a patent on an improvement, it doesn't mean you avoid infringement on the original patent.– Eric S ♦Dec 19, 2018 at 15:48
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@EricShain and other seniors. Please always feel free to edit my answers whenever you feel that additional information will improve the answer. Thanks. Dec 20, 2018 at 6:03
AD Adhikary's answer is correct and you would do well to accept it. However I feel the need to add my viewpoint. First and foremost. You cannot patent anything anywhere if you are not the inventor. Period. Trying to do so is essentially theft of intellectual property.
Because the patent issued in Korea in 2006, it means no one, including the inventor, can obtain a patent for the same invention in the US since the Korean patent represents prior art. This means that if your intention is to market a product in the US, this patent won't keep you from doing so as long as it isn't manufactured in Korea. Be advised that other patents could potentially exist that also relate to your product and could require licensing.