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Copyright & Patents/modifying a patent afterwards

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Expert: - 8/4/2008


Question
If someone invents something and files a patent and it is approved. Later he discovers some improvements to his invention. Can he modify his patents to include the modifications he found later? If yes, how can he do that? Are there any deadlines for modifications of patents? Please tell me any details you find relevant. Thank you very much.

Answer
No, it is not possible to modify a granted patent.

If you discover an improvement later, you can file a new patent application.
It depends on the law of your country if that new application can be granted.
Some countries allow "amended" patents or "continuations in part", with special rules. I am not familiar with that system in detail, because in Europe it is not known.

In most countries a new patent application is being examined as any other application, and the first one can even prevent the second one to be granted, because of lack of novelty.

Hope this answers your question.

Rene Hasekamp

Copyright & Patents

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Rene Hasekamp

Expertise

I can answer questions about European patent law and practice. My experience mainly lies in the Dutch patent practice. I am not familiar with other patent systems than the European and Dutch systems, although I am familiar with general issues regarding patents. Please don`t ask me questions, specific for US patent law or any other non-European patent law.

Experience

I have been a patent examiner in the Netherlands Patent Office for 35 years. Now 9 am retired. I have been a deputy judge for patent cases in The Hague's District Court from January 1991 until June 2011.

Education/Credentials
I graduated in Chemistry and Law at Leiden University. I have worked in the Netherlands Patent Office as an examiner for 35 years until my retirement in 2003. I was appointed as a honorary deputy judge for patent cases in 1991. After my retirement I still work at a few cases on patent law in The Hague District Court.

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