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Can Old Products Be Patented Based On Newly Discovered Properties?

Entrenched in patent law is the principle that a challenge against a patent for anticipation or obviousness must be based on 'prior art,' and not on disclosure in the patent itself. Also entrenched in patent law is the principle that an otherwise known product cannot be patented merely because one discovers new and unobvious properties possessed by that product.

23 minute read October 07, 2003 at 01:29 PM
By
Robert Schulman And Samson Vermont
Can Old Products Be Patented Based On Newly Discovered Properties?

Entrenched in patent law is the principle that a challenge against a patent for anticipation or obviousness must be based on 'prior art,' and not on disclosure in the patent itself.

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