Questions about patent laws and their implementation

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35 views

Prosecuting someone under patent laws

So I have a question that I couldn't find an answer to. The question is as follows: Is it true that in order to be prosecuted under patent infringement laws, the patent holder has to show that the ...
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1answer
21 views

Handling ownership and patent initiation of intellectual property

I've been developing a software and am now bringing in additional people to the project, who want to work on it for a share of future profit. I founded a company (currently an LLC) to host this ...
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2answers
197 views

When does Patent 5,971,475 expire

can anyone tell me when the 5971475 patent expires? Thanks!
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1answer
58 views

Making a patent number underage,

I have a friend that has invented an idea but he is under 18, So can he make a patent number on his name?
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25 views

Gaining a copyright/Patent

Is it Possible/legal to gain a copyright/Patent over an Idea that was somebody else's, but you have changed/improved/altered significantly? Thanks
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58 views

Can I use the idea of a one handed shovel in my non-commercial project?

I want to make a one handed shovel for my college project. I have thought of substantial modifications from what has been described here. The idea has already been described in patent US646472. Will ...
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1answer
29 views

How does one start patenting an idea in India?

I have an idea to do with Mobile cloud services. I'm not versed on the subject but I am technically inclined (I study computer engineering). How would I go about obtaining a patent for my idea?
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2answers
65 views

I'd like to make a digital watch with it's case similar to this one. How much different does my design need to be in order for it to be legal?

In regards to Patent USD637920, I'd like to make a digital watch with it's case similar to this one. How much different does my design need to be in order for it to be legal? Mine would be completly ...
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106 views

What is tricryption?

I'm reading though a patent that's part of a suit (I have a morbid curiosity at times). The patent is US 8402281, Data security system for a database. There's a sentence in the document that states: ...
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1answer
80 views

I need to learn about using another companies product in my patent

I am working on developing a very specific patent for the defense industry. My idea requires the use of a synthetic material only manufactured by one company. They will not sell the raw material to ...
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1answer
89 views

What steps does a patent application follow?

Sorry for this extremely basic question, but it does not appear to be a duplicate. What states may a patent be in? How does it get from one state to the next? My understanding is the flow goes ...
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1k views

How to use expired patents when designing a product?

Patent 5,636,276 will be expiring in 2015, assuming my math is correct. The patent, which covers distributing music digitally, has been used very effectively to get royalties from many companies, ...
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1answer
112 views

A patent specifies 'music', which is really 'packaged digital information', but how would a court interpret it?

Patent 5,636,276 describes a process for digitally distributing 'music' - it specifically uses that word. Does this mean that the patent applies exclusively to the distribution of music? Would it not ...
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52 views

location aware ads us20130046636

Does this patent only cover the US or will it relate to similar systems worldwide? at what date will this current patent expire?
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200 views

Duplicate Patents?

If you see patent 20110286205 and 20110237152 you see patents for a near identical product.. save for minor differences in text and images. Is this a nuisance patent to boost the ego of the authors ...
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1answer
299 views

If a patent claims a method, is a subset of the method's steps also covered?

Assume there is a patent that has a claim for a method, the method comprising 5 steps: Step 1 Step 2 Step 3 Step 4 Step 5 Two questions: If I drop Step 5 and use a method consisting of Steps 1 ...
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1answer
74 views

Can a missed patent opportunity be made up

My grandfather created a mobile self-storage business in San Diego in the early 80s. Although the concept is very big now (like Door-to-Door), at the time he had not heard of anyone else doing ...
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0answers
36 views

How Can an Inventor Create Good Strong Prior Art For the Future Without Filing Patent Applications? [duplicate]

A company has patentable inventions it is concerned about getting locked out of. They don’t want to file patents, necessarily, but they do want to create some good strong prior art that a) they can ...
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1answer
41 views

What is the reason of the structure change of U.S. applied patent during 1963-2011?

I am a college student, I want to know why there is a structure change of US applied patent around 1985? I have been analyzing all the datas of US applied patent from 1963-2011, then I found out ...
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2answers
422 views

Can one file a patent application amicus brief to protest granting of the patent?

If one were to have information concerning a patent application that would refute the claim of no prior art (goes to originality), is there a process and/or obligation to submit this information to ...
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833 views

Bottle Cap Necklace Patent

Even though Bottle Cap Necklaces have a patent, can individuals still make the item and sell it for profit legally? I have a friend who has started her own jewelry business and I would like to buy ...
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2answers
118 views

How to prevent the usage of my idea if the patent is rejected?

How do I protect my idea if my patent is rejected? The patent clerk has my idea now, and he can probably write one up... how do I deal with that?
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2answers
122 views

Is my patent still valid if someone appends minute changes to it?

If I invent some earth-shaking (not literally) device, and someone issues a competing patent that adds something that doesn't really change the function of the device all that much, is my original ...
3
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1answer
115 views

If the the SHIELD Act passes how will it impact the licensing and patent litigation worlds?

The SHIELD Act was reintroduced into Congress recently (this question previously addressed SHIELD), and I'm wondering if every single would be "licensee/defendant" instead of engaging in licensing ...
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1answer
146 views

At what time is a patent enforceable?

I am faced at the moment with a potential US patent that might be enforceable in the future. It is currently undergoing a review process and the outcome is yet undetermined. I would like to know ...
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1answer
266 views

What are the major take-aways on the first-(inventor)-to-file rules that go into effect March 16, 2013?

The last and possibly most significant change to the U.S. patent system from the AIA goes into effect in less than a month. What will it mean for inventors and for prior art submitters?
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577 views

Should I keep my patent's ownership or assign it to an entity that I own?

I am filing a patent application (pro se) and am wondering whether it is a good idea to assign it to an LLC that I own or to just keep it under my name. I'm assuming here for this question that it ...
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2answers
150 views

What constitues/definition of an inventor. Does it simply boil down to claims in a patent?

I have had a business partner for twenty years. We came together in my Business that he used as the birth of the IP in question. Listing himself on publications founder/owner with the exclusion of not ...
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1k views

How best to patent idea while working for company?

I have an idea I would like to patent. I have not started working on the idea yet (and I'll swear to that in court). How best to keep my job without losing my intellectual property rights? The idea ...
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2answers
118 views

Why is a list of patents often preceded with text like “covered by *one or more* of the following patents”?

Whenever I see a product containing a list of patents, the list is almost always preceded by text similar to the following (emphasis added): Covered by one or more of the following patents... ...
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1answer
99 views

Should I do a freedom to operate search if I suspect parts of my product infringe [US]?

Let's say I am building on a high-tech, novel product but that combines several techniques, components and/or innovations that I suspect may be patented (though those may have expired). I would like ...
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2answers
136 views

Is Jury Nullification valid in patent cases?

I was a bit puzzled by part of Newegg's patent case history: Remarkably, the judge overseeing the case ruled during trial that the jury wouldn't be allowed to make a decision about Newegg's ...
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2answers
202 views

D/285,860 and D/253,629 - These look like an ordinary skateboards

The two styles shown are standard skateboard shapes that have been around for decades (surfboard-shaped and "fishtail"). There's lots of varieties of both these shapes in production everywhere. The ...
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219 views

How rigorous are examiners

A business competitor is claiming "patent pending" on a product I know they did not originally create. The product is manufactured by us, the competitor in question, as well as at least 15 other ...
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115 views

SHIELD Act progress

I had recently heard about the SHIELD act that was meant to help curb the lawsuits initiated by patent trolls, particularly those that are highly unlikely to succeed. I haven't seen any newer posts ...
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1answer
100 views

What is the patent owner law in US?

Let say this patent for an example: http://www.google.com/patents/USD285687 The inventors are: Jerrold C. Manock, Terrell A. Oyama, Steven P. Jobs They are working in Apple and invent that. If ...
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1answer
1k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
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1answer
264 views

How does one start patenting an idea in the United States?

I have an idea to do with visual projection systems. I'm not versed on the subject but I am technically inclined (I study computer science and engineering). How would I go about obtaining a patent for ...
2
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1answer
145 views

Patent expiration date with multiple publications

I was wondering what a patents Priority date is? If its set to 1997 and it has been published 6 times (the last publish was 2012) when does it expire? The patent I am talking about is US20120221930.
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2answers
437 views

Expiration date of US5597520

Can 3DSystems sue Formlabs over US Patent 5597520? If it was issued in 1997, wouldn't it have expired in 2007?
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117 views

Exploiting a patent after changing organization

Three years ago I was working in a public research organisation, and we obtained a patent, I am one of the authors, the research institution payed everything. Later I moved to a different country and ...
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1answer
185 views

What is a request for continued examination?

I have received a final office action with a rejection. My patent attorney advised going for an RCE (request for continued examination). How does it work? and how many RCE can one request?
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82 views

Confidentiality of revised diagrams in a provisional application

If I file a revision to a provisional patent (some diagrams are not detailed enough), would the original diagrams be automatically destroyed / kept secret, or will they still show?
3
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1answer
322 views

Can XML/JSON structure formats be patented?

Is it possible to patent or trademark XML/JSON data structures? If Company A had a service that requested common data and Company B chose to use an identical structure for their clients, could Company ...
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2answers
141 views

Patent length and breadth

Does a patent have a life span, say 7 years and if a piece of an old patent is used in a new one and much more accurately described and refined is that OK?
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1answer
666 views

What are standard-essential patents?

How do patents become "essential patents"? Do the companies submit them to become standards or are they deemed "standard" based on their nature? Are peripheral patents more powerful than essential ...
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3answers
228 views

Are there any advantages to making your first filing in one country vs. another?

Is it always better to fill patent in US first before extends to other countries. What if we do the reverse, Fill patent in a small country then only extends to US. What is the advantages? How to ...
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1answer
284 views

Does a public discussion related to a patent invalidate the patent

If I discuss or seek advice from others on portions of a patent on public sites such as SO, does that invalidate the patent? For example, lets say I have an idea in mind of a software patent which ...
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1answer
904 views

Can some explain “inter partes review” and “ex parte reexamination”?

Can someone explain what "inter partes review" and "ex parte reexamination" are when challenging patents with prior art?
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208 views

Over time, which patent legislation applies, current or past?

Let's imagine a patent is filed in 2003 and later approved by the USPTO. Let's imagine someone wants to challenge it with valid prior art (year 2000 for example). Which legislation applies? The one ...