by Pat
(Richmond , Virginia)
I have a patent application which I partnered with someone else to apply for. They have broken their contract, they were suppose to provide funding and have not.
Now during the final stages of the application process we have gotten a final rejection. I have come up with the same idea, however the design would be different.
Can I reapply for myself for another patent since my partner has broken his contract on a prior patent. This former patent has been seen at a trade show - this new patent would be the same except altered to improve the product.
Answer:
Your question is a complicated one. Based on the facts that you have provided, it might be possible to re apply for a new patent if the improvements to the original product are patent able.
Since you are being issued a final rejection the patent examiner has likely found your original patent application to be obvious or non novel.
To obtain any patent coverage you would need to meet the criteria of being novel or new, non obvious, useful and able to be described so that a lay person can understand what the invention is.
The other issue that you must contend with is the contract you have with the other party. You say that the contract was broken. Depending on the terms of the agreement that might not be true.
If you are serious about moving forward, I suggest consulting with a patent attorney to determine patent ablility of your new improvements. You should also get an assessment of your contract or have your partner waive his future rights to the invention.