Questions about patent laws and their implementation

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Can the patent be revived EPO 639878 B1

This patent on the legal events shows it has ceased on the 22 Jan 2009. Can this be revived by paying the fees. Also how long are patent granted for 15 years or 20 years and is this from the date o ...
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73 views

Finding prior art rejects an independent claim

Suppose I find a patent (A1) with claims 1, 2 and 3. Claim 2 is dependent from claim 1. If I find a prior reference that rejects claim 1. What happens with claim 2? Is still valid? Should they ...
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43 views

Application refused

Can someone else copy, use and sell or import the subject-matter contained in la refused app? Is a refused app part of prior art?
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35 views

Patent Attorney Fees: Business Instruments & Negotiation

Is there a legal mechanism in the state of California to allow a percent-of-patentee-sales contract to cover a patent attorney's fees?
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1answer
59 views

Can I buy and use a patented technology without incurring in troubles?

We are a new start-up team based in Europe and have few or none knowledge on usage of patents and patented technology. We designed a chemical process that includes buying and using a patented ...
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19 views

Expiration of a patent with improper priority claim

An issued patent I have in mind (patent X, filed in 2003, so subject to 20-year term provisions) says on its face and in its first paragraph that it is a CIP of many patents, but I will just name two ...
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82 views

I had an idea for a patent, told a select few and then saw my idea on the US patent site

I had an idea for a patent and I reached out to a friend and put me in touch with a patent lawyer to discuss with the patentability of the concept. He advised that it would cost a lot of money to file ...
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1answer
38 views

Patent language change help

i m an engineering student, As per academic i m doing project on spin flash dryer but as per rule i have to upload 5 patents related to that topic but in free patents Google the patent is in Chinese ...
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127 views

What is protected under this patent

What exactly is protected under this patent US 20130001878A1. I have built a similar product but it's fill mechanism is automatic in nature.
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69 views

Why Are There STILL 5,303 Overlaps for A Patent?

I asked this question of a patent attorney, but never got a great response - I heard that great NPR show about patents (referenced by Joel on a podcast) and had this question: For this patent: ...
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1answer
66 views

Is a patented European product able to be produced in US?

I came across a product that is solid almost exclusively in Europe with no reach or patenting in the USA. Am I able to pursue production and sale of this product in the USA? Do European patents apply ...
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2answers
158 views

Patent US20120213665 NOT Good. Inventor not included - unpaid work delivered under coercion.

Beware. This patent is NOT GOOD. I am the inventor of the power failure protection for this application. Also, I invented the software flow. The assignor failed to pay me for my work, whatsoever, in ...
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66 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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42 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
227 views

When does Patent 5,971,475 expire

Can anyone tell me when the 5971475 patent expires?
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1answer
74 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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46 views

Gaining a copyright/Patent

Is it possible / legal to gain a copyright / patent over a somebody's else idea, changing / improving / altering something significantly?
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95 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
37 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
83 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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127 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
111 views

How can I use another company's product in my patent?

I am working on developing a very specific patent for the defence 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
101 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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2answers
2k 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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128 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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53 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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233 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
366 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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77 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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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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43 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
441 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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1k 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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127 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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141 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 ...
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1answer
122 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
190 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
284 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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988 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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184 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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2answers
2k 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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139 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
109 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
144 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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221 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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230 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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118 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
104 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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3k 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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292 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 ...