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Old 11-25-2017, 10:51 AM   #1
Ten102
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Default Can I get my own patent after improving an existing invention abroad?

Can I get my own patent after improving an existing invention abroad ?

There's an invention in Australia, which I looked into and find some weak points in it. I decided then to create a better version of it by increasing its efficiency and eliminating those weaknesses, but on the other hand, I kept the core of the invention as it is, no significant changes. This invention from Australia, by the way, has an international patent application.

I live in Tunisia (North Africa). My question is, if I proceed to file a patent in my country, Tunisia, just a local application, not an international one, am I eligible to get a patent for my own improved invention ? If not, is there any other available way or options to legally prove my rights on the improved invention ? (considering filing a patent from a different country).
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Old 11-25-2017, 05:44 PM   #2
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Default Re: Can I get my own patent after improving an existing invention abroad?

I wish to inform you that you may claim patent for your invention. In this although invention is created in Australia thus it is not having protection in Tunisia unless such an application have sought protection in your country but in order to claim your invention you may be required to contribute some material thing to the existing invention. You may thus have your patent registered in your country for your improved version of existing patent.

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Old 11-26-2017, 10:54 AM   #3
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Smile Re: Can I get my own patent after improving an existing invention abroad?

Thank you for the reply,

Actually I have contributed new features to the invention and improved (changed a bit) the core of its design. As I understand from you is that because the improvements I brought to the existing invention, I may be qualified for a patent, as well as I'm not. Is that what you're saying ?
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Old 11-27-2017, 11:12 AM   #4
Lexus
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Default Re: Can I get my own patent after improving an existing invention abroad?

If you are not applying the basic principal of the Australian invention and not making any significant changes but only tries to apply for Tunisian patent there will be no issues.
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