Can we go for Patent with Basic Circuit

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erashish14
Posts: 4
Joined: Wed Apr 13, 2022 9:16 am

Can we go for Patent with Basic Circuit

Post by erashish14 » Thu Apr 28, 2022 2:20 pm

Hi Experts,

Like to know, If I register my patent with basic electronic circuit/connection, for certain work,

Can somebody over-right my patent by adding remote access or connection via Wi-Fi facility to it ?

Thanks in advance
Ashish


EPO / Innovation Networks
Posts: 724
Joined: Wed Nov 12, 2014 3:36 pm

Re: Can we go for Patent with Basic Circuit

Post by EPO / Innovation Networks » Tue May 03, 2022 12:46 pm

Dear Ashish,
Please find here infos regarding novelty and state of the art.

An invention is considered to be new if it does not form part of the state of the art. For a definition of "state of the art", see G IV, 1. It is to be noted that in considering novelty (as distinct from inventive step; see G VII, 6), it is not permissible to combine separate items of prior art together. It is also not permissible to combine separate items belonging to different embodiments described in one and the same document, unless such combination has specifically been suggested (see T 305/87). For the specific case of selection inventions see G VI, 8.

See also :arrow: Guidelines for examination

Implicit features or well-known equivalents
A document takes away the novelty of any claimed subject-matter derivable directly and unambiguously from that document including any features implicit to a person skilled in the art in what is expressly mentioned in the document, e.g. a disclosure of the use of rubber in circumstances where clearly its elastic properties are used even if this is not explicitly stated takes away the novelty of the use of an elastic material. The limitation to subject-matter "derivable directly and unambiguously" from the document is important. Thus, when considering novelty, it is not correct to interpret the teaching of a document as embracing well-known equivalents which are not disclosed in the documents; this is a matter of obviousness.

We hope this information will help you.

Kind regards,
EPO User Support


Kimbermoore2
Posts: 10
Joined: Mon Jan 23, 2023 7:20 am

Re: Can we go for Patent with Basic Circuit

Post by Kimbermoore2 » Fri Feb 17, 2023 10:58 am

Hello Ashish,

Adding a remote access or connection via Wi-Fi to your patented electronic circuit/connection could potentially create a new invention, which may be eligible for its own patent. However, it would not necessarily "over-ride" your existing patent as it would be a separate invention with its own set of claims and specifications.

That being said, the determination of whether a new invention is sufficiently different from your patented invention to be granted a separate patent would depend on the specific details of both inventions, including the differences in the technical features, functions and novelty of each invention.

In general, if the new invention is significantly different from your original invention, it could be eligible for a separate patent, but if it is only a minor improvement or modification, it may not be eligible for a separate patent.
TellTims
It's always a good idea to consult with a patent attorney or agent for specific guidance on your particular situation.


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