Novelty requirements for dependent claims

0

I think my question to follow has been in part answered in this post, but I wanted to formulate it in the context of my situation, just to be sure:

Suppose that I formulate a patent application with an independent claim A (which I think is novel) and a dependent claim B that provides a specific additional feature to A. Does B has to be previously unknown? What if method B has been proposed in other patents (either in the description or in claims)?

Bryson of Heraclea

Posted 2018-09-25T07:53:44.410

Reputation: 59

Answers

3

If A is unknown, then a B that is A plus a regular thing "delta" is inherently unknown. So, a claim that says, "the thing of claim 1 where the bottom is red" is inherently novel if claim 1 is novel even though making the bottom red is not very interesting.

George White

Posted 2018-09-25T07:53:44.410

Reputation: 21 648