Regarding the example for Rejection #103, would this mean that the patent owner of motorcycle disc brakes can manufacture bicycle disc breaks and have it protected? Or would that be more like #102?
That’s a great question. For the purpose of issuing a rejection of a patent application under 103, all the patent office is concerned with is what things existed before the application is filed, regardless of if those prior things are patented or not. In our example, even if nobody holds a patent for the motorcycle disc brakes, the fact that they exist (e.g. on existing motorcycles, manuals, brochures, etc), could be enough for the patent office to issue the rejection. In short, for this context, the patent office is only concerned with what existed prior to the application filing, and if it could be used in combination by someone of ordinary skill in the field to derive the invention (in our example, disc bicycle brakes).
Regarding 103 rejection: If some inventor makes an disk brake on bicycle disc break that is more effective than previously known, than what are the chances of rejection
@@sarafchinmay The design has to be different, or there will be a 102 rejection. If you make an improvement, then you might be able to get a patent on it, unless the USPTO decides that it would be an obvious improvement, in which case they would issue a 103 rejection. But, in general, if someone invents an improvement to something, and it's useful and somewhat inventive, then there's a fair chance of getting a patent on it. But it really does depend on the invention. Some areas of invention are easier to get patents in than other areas.
Thank you very much! I feel better now knowing what could possibly come but again I feel better👍😁
Regarding the example for Rejection #103, would this mean that the patent owner of motorcycle disc brakes can manufacture bicycle disc breaks and have it protected? Or would that be more like #102?
That’s a great question. For the purpose of issuing a rejection of a patent application under 103, all the patent office is concerned with is what things existed before the application is filed, regardless of if those prior things are patented or not. In our example, even if nobody holds a patent for the motorcycle disc brakes, the fact that they exist (e.g. on existing motorcycles, manuals, brochures, etc), could be enough for the patent office to issue the rejection. In short, for this context, the patent office is only concerned with what existed prior to the application filing, and if it could be used in combination by someone of ordinary skill in the field to derive the invention (in our example, disc bicycle brakes).
Thank you Sir , it's very helpful ^_^
Regarding 103 rejection: If some inventor makes an disk brake on bicycle disc break that is more effective than previously known, than what are the chances of rejection
Additionally if the design is different than previously know, than too their will be rejection
@@sarafchinmay The design has to be different, or there will be a 102 rejection. If you make an improvement, then you might be able to get a patent on it, unless the USPTO decides that it would be an obvious improvement, in which case they would issue a 103 rejection. But, in general, if someone invents an improvement to something, and it's useful and somewhat inventive, then there's a fair chance of getting a patent on it. But it really does depend on the invention. Some areas of invention are easier to get patents in than other areas.