Share on LinkedInShare on LinkedIn

ARTICLE · 12 APRIL 2022

Re-patenting the prior art - How to avoid re-inventing the wheel!

It is preferable to conduct a reasonably thorough assessment of the prior art before embarking on new research.

AustraliaIntellectual Property

It is, unfortunately, a relatively common occurrence to find patent applications filed in which the inventor has discovered some unique characteristic or property of, say, a "new" composition they have prepared, and which they believe is worthy of patent protection, only to later find that the purported invention is not novel or inventive. In particular, experiments are undertaken which yield surprising, unforeseen, or counterintuitive results to the inventor, who then prepares and files a patent application with much enthusiasm, only to later find that the invention is new and surprising to them, and that another researcher has traversed the same research path and already published the invention. To avoid this situation occurring, it is obviously preferable to conduct a reasonably thorough assessment of the prior art before embarking on new research.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from