Is it possible to expand or modify a patent retroactively?
September 25, 2023 | 50,00 EUR | answered by Andreas Köhler
Dear Patent Attorney,
My name is Wilhelm Krausmüller and I am working as an inventor on an innovative product for which I filed a patent some time ago. Now I have realized that my patent may not cover all aspects of my product and that I may need to make changes or extensions.
I am concerned that my patent may not be sufficiently protected and could potentially be circumvented by competitors. Therefore, I would like to know if it is possible to expand or amend a patent retroactively to ensure that all relevant aspects of my product are protected.
What options are available to me in this situation? Are there any legal steps I can take to adjust or improve my patent? How should I proceed to ensure that my intellectual property is adequately protected?
I would greatly appreciate your assistance in this matter and look forward to your assessment and recommendations.
Sincerely,
Wilhelm Krausmüller
Dear Mr. Krausmüller,
Thank you for your inquiry regarding the possible expansion or adjustment of your patent. It is indeed possible to subsequently expand or modify a patent to ensure that all relevant aspects of your product are protected. This process is known as patent improvement and may be necessary in certain cases to ensure the protection of your intellectual property.
There are various ways in which you can proceed to adapt or improve your patent. First of all, you should consider whether the desired changes or expansions are actually necessary and whether they comply with the applicable patent laws. If this is the case, you can apply for a patent improvement with the relevant patent office.
In Germany, for example, this is possible at the German Patent and Trademark Office (DPMA). You must submit an application for patent improvement, in which you clearly outline the desired changes or expansions. It is important that the proposed changes are clear and unambiguous and do not extend the scope of protection of your patent beyond what was originally requested.
After you have submitted the application for patent improvement, the patent office will review whether the proposed changes meet the legal requirements. If the application is approved, the changes will be incorporated into the patent and the scope of protection adjusted accordingly. This way, you can ensure that your intellectual property is adequately protected.
It is advisable to seek advice from an experienced patent attorney in this matter to ensure that the application for patent improvement is correct and complete. An attorney can also assist you in optimizing the scope of protection of your patent and minimizing potential legal risks.
I hope this information is helpful to you and I am available to assist you in adapting or expanding your patent.
Sincerely,
Andreas Köhler
Patent Attorney
