Can I improve an existing patent and reapply for it?
May 5, 2022 | 55,00 EUR | answered by Günther Schenkenberg
Dear Patent Attorney,
My name is Piotr Schulz and I am currently in a situation where I want to improve and reapply for an existing patent. The background is as follows: Some time ago, I filed a patent for an innovative technology, which however has some weaknesses and has not achieved the desired success in the market. Now, I have made some improvements to the technology that will make the patent significantly more innovative and effective.
My concern is that I do not know if it is legally possible to improve an existing patent and reapply for it. I wonder if there could be possible legal conflicts with the original patent holder or if it even makes sense to file these improvements.
Can you please provide me with legally sound information and advice on whether and how I can improve and reapply for an existing patent? Are there specific procedures or regulations that I need to follow? What steps are necessary to ensure that my improved technology is legally protected and I do not encounter any issues with the original patent holder?
I look forward to your professional guidance and thank you in advance for your support.
Sincerely,
Piotr Schulz
Dear Mr. Schulz,
Thank you for your inquiry regarding the improvement and re-registration of an existing patent. It is indeed possible to improve an existing patent and reapply for it in order to strengthen the protection rights of your technology. This process is referred to as "re-filing" or "revising".
Generally, it is important that the improvements you have made to the technology demonstrate a clear innovative value and significantly enhance the original invention. Therefore, it is advisable that you document the improvements in detail and demonstrate how they impact the functionality, efficiency, or other relevant aspects of the technology.
Before reapplying for the improvements, it is recommended that you conduct comprehensive research to ensure that your enhanced technology is not already covered by other patents. This can help you avoid potential conflicts with the original patent holder or other rights holders.
To legally protect your improved technology, you must describe the enhancements in detail in a new patent application and formulate the corresponding claims. It is advisable to seek assistance from an experienced patent attorney to ensure that the application meets the legal requirements and optimally secures your protection rights.
It is important to note that the re-registration of an improved patent is a separate application from the original patent. This means that the protection rights for the enhanced technology are independent from those of the original invention and do not affect the original patent.
Therefore, I recommend that you consult with a specialized patent attorney to discuss your specific situation and receive tailored legal advice. Together, we can develop the best steps to successfully register and protect your improved technology.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Günther Schenkenberg, Patent Attorney
