by Dipl.-Phys. Dr. Bertram Rapp (Foto: Laura Cedrone/B4B WIRTSCHAFTSLEBEN SCHWABEN)
Patent attorney Dr. Bertram Rapp, Charrier Rapp & Liebau
Patent: “Can I protect an identical idea again?”
B4B readers ask, our industry experts from the region answer: “After the expiration of a patent protection with others, is the way really free to protect yourself an (almost) identical idea?” Dr. Bertram Rapp of CHARRIER RAPP & LIEBAU, our expert on patent issues, knows whether this is possible.By publishing the expired patent in the form of a patent specification issued by the patent office, the subject matter of protection is no longer new. Although it can be used by third parties after the expiration of the patent protection, it cannot be protected again as a patent due to lack of novelty. Thus, the identical idea cannot be protected again, which incidentally also applies if the expired patent was protected abroad.Mostly the “inventive step” is missing
An “almost” identical idea may be new compared to the publication of the expired patent. As a rule, however, the inventive step required for patent protection is likely to be lacking in such a case. In this case, however, it is advisable to obtain expert advice.
Do you have any questions for patent expert Dr. Bertram Rapp, or would you like more in-depth advice?