Questions about patent laws and their implementation

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Is it always okay to market a product that was patented 20+ years ago?

My understanding of the system under US patent law is that after 20 years, the patented process or device can be freely produced and sold by anyone. Is this always true? Is it legally safe to, say, ...
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What is the significance of this reference to patent law?

In reference to the patent: US8280641 The http://www.fractogene.com page alludes to the U.S.C. 2163.07(b) Incorporation by Reference. What is the significance of this reference to patent law?
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US3405407 Collar Holding Device [duplicate]

In reference to the patent: US3405407 I received the original patent paperwork at an estate sale. Does it mean anything to hold the original paperwork or is it just a really interesting piece of ...
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42 views

If I modify device which I bought for use in my company will that be infringement?

Device which I bought is design to work in 100 mm pipe. I modified this device to be able to work in 300 mm pipe. I have made meager modifications to it. I added wheels base to increase it size and ...
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54 views

What happens if I don't pay the issue fee?

Does the patent become abandoned? If yes, can I revive it? Under what conditions? Is it any different if I didn't pay the maintenance fee? Do I get any protection from such a patent? Is the ...
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Lost a digital copy of patent specification

I filed the National phase application on 29th Oct 2014 and PCT application on 14th Oct 2015. I lost a flash drive which contained the soft-copy of patent specification (everything related to the ...
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1answer
69 views

Ph.D student to file a patent without any contribution of the uni

I'm a Ph.D. student, and recently in my research I came up with an algorithm that would save the use of multiple transmitters to one transmitter. My co-supervisor believes it's a patent and he wants ...
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123 views

Cost to draft and file patent application in the U.S.?

I'm a non-american individual who wants to apply for patent in USA. My invention is related to energy generation. How much will it cost? Why is working with a patent attorney so expensive? Will ...
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How can I protect my invention after applying for a patent?

I have developed a new device used in automobiles and applied for a patent (as personal, not from a company). After producing commercially and releasing into the market, what may I do if someone ...
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70 views

“On a computer”?

In reference to the patent: US 6,368,268 Wouldn't the Alice decision render this patent invalid and unenforceable?
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46 views

transfer of patents

What happens if Company A has acquired Company B, during which the patents need to be assigned from Company A to Company B. The signature for this assignment for both the companies has been done by ...
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What patents do I need to buy or lease to make and sell an electric guitar to the public?

I want to make and sell my own electric guitars. However, I have not invented the instrument, nor was I the inventor of any of the major advances in the field. However, I have some changes (mostly ...
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58 views

What is the procedure to use the patent as a reference for our presentation in a conference?

In reference to the patent: US20110209929
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Can I produce and sell an already patented product?

Let's say that I had an idea, which I soon turned into reality but then discovered that it is patented already... So the question is: Can I still legally sell my product although it is patented by ...
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End of patent Self Cleaning condenser [duplicate]

In reference to the patent: WO2006045047A1 When does this patent stop, or comes free?
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139 views

What is the difference between Patent agent and Patent lawyer?

I understand that agent doesn't have a law degree, but can she represent the inventor? I am writing my patent application by myself but want a professional to look it over and make corrections, ...
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What does “discretionary inquiry” mean?

What is the meaning of "simple discretionary inquiry" in supreme court opinion: Finally, the Court rejected the appellate court’s “clear and convincing evidence” standard that successful patent ...
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199 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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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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106 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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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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75 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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93 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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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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79 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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68 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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245 views

When does Patent 5,971,475 expire

Can anyone tell me when the 5971475 patent expires?
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145 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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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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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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97 views

How does one start patenting an idea in India?

I have an invention 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 ...
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115 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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176 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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284 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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148 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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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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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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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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356 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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529 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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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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45 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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468 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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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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144 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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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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125 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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345 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 ...