For questions involving the creation, use, or sale of patented item without permission from the patent holder.

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Any sort of fair use clause for software using methods years before they get patented?

This question probably was already asked thousands of times, yet I could not find any similar question. One creates a software. An innovative one with lots of fancy new things which were never ...
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1answer
38 views

Does this patent mean I cannot build a better system?

Is it safe to assume that due to this patent below - NO other system, web-based or other, can be put into place to compete? Can I not build my own MIS system? In reference to the patent: ...
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How does the power generated to create the air curtain? [on hold]

In the application number 20070113839 How dose the power generated to create the Air curtain ? What is the method used to supply the fan/blower with power which help to create the air curtain
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62 views

Does Holding a Patent protects me from other prior Patents

I have filed a patent, hopefully it will be granted. After filing, I have found an older patent, that is somewhat close to mine. Let's say the patent office doesn't find out about this patent (a ...
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1answer
29 views

Does Invalidation of Independent claim affect dependent claim?

Situation(pertains to US): Patent "P" has 10 claims of which Claims 1, 3, 6 were held to be invalid in Federal Court litigation. What happens to the rest of the claims in the Patent? Can the patentee ...
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Implications of Termination of Patent in an Open Source Library

Reading through Facebook's PATENTS file in its React library and several discussions on Hacker News have left me confused about the implications this file which is included in several open-source ...
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1answer
25 views

Scope of a worldwide grant?

Wondering what the scope of a worldwide grant / transfer of all IP, either via an employment contract or explicit transfer is? I ask as a number of countries are not members of the WIPO, others have ...
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31 views

Dependent claim from invalid independent claim

I'm following an Inter Partes Review where the petitioner is trying to invalidate every independent claim of a patent based on prior art. If this is successful, some dependent claims will remain. ...
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What happened to dependent claims if referred independent claim rejected?

I have an independent claim in my application for software patent that could be rejected on grounds like "abstract idea". There are a few dependent claims with limitations that hopefully pass the bar. ...
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US8550406 - How can you patent something that exists?

How can someone patent something they didn't invent? Magnetic shielding is a science fiction mainstay. Even I have included this device in short stories written decades before this patent, and I ...
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31 views

Has anyone used copyright infringement in the application, as grounds to block / revoke / force the re-examination of a patent?

Just read "this-is-a-direct-copy-of-a-previous-patent-we-own", in conjunction with "Are text and images in the patent copyrighted?", and "Can I copy texts from other applications into my ...
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52 views

Jurisdiction of a US patent?

Just read Top 10 (US) Patents for 2014 and spotted one that essentially covers a business process that's only really applicable outside of the US: Bank of America’s the Foreign Currency Solution (U.S. ...
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Am I infringing on this exit-intent patent if I build something similar on my own site?

I recently built an exit intent popup that provides users with a coupon if they provide their e-mail address. Then I found out that a company, BounceExchange, already has a granted patent on this type ...
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1answer
47 views

Is this design patent enforcable?

Company A files an application for a design patent in January 2013. This is an improvement to an existing, widely sold product and the same type of improvement was previously added by others to ...
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1answer
58 views

If we have constructed a game and later found out it is patented, what do we do?

We were recently introduced to the game Nine Square in the Air by some friends. We decided to try it out at our non-profit camp, so we built our own version. Later on, someone brought it to our ...
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1answer
99 views

The patent WO2013041665A1 is a copy of public knowledge

In reference to the patent: WO2013041665A1 The patent WO2013041665A1 is a copy of the multiplication method: Sustainable Sugarcane Initiative (SSI). No presents innovation, this multiplication system ...
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Resuming interrupted file transfers (2011 patent troll / libcurl)

I'm posting this here in order to draw this incident to the attention of the AP community. http://daniel.haxx.se/blog/2011/05/11/us-patent-6098180/ Daniel Stenberg, the author of curl, a popular ...
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How does this design differ materially from an existing mesh covered seat frame? [closed]

The design and accompanying illustration appear very similar to, and derivative of the seat frame used on the Bell UH-1H(and previous models) helicopter developed in the 1960s. While there is an ...
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South African Distributing [duplicate]

I am interested to use this product and manufacture it in South Africa. I wont be obtaining full rights of the patent, just distributing rights. How does one come about doing something like that?
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Is this a legit claim for a patent for a media to grow bacteria?

Can a patent for the media used to grow a specific bacteria be as broad as this? This patent claims all animal free media is covered by this patent, how can that be? Is the claim here that no one ...
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3answers
80 views

International Patent and it's legal power?

If one would obtain a patent in the U.S, does it become international? No one else can use/build it without the inventor's permission? Globally In other words, when an inventor obtains a patent in a ...
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1answer
483 views

How long would a software developer reasonably have to modify patent-infringing software once a claim is made?

Imagine the situation: you are part of a software development company who makes and sells Fantastic Product. Then one day a letter arrives to inform you that part of Fantastic Product infringes on a ...
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297 views

Can I modify and resell patented product?

Is it legal (in the US) to modify and resell a patented item? For example, if I buy a patented guitar pickup, substantially modify it, then install it in a guitar and sell it, is that legal?
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41 views

Who has rights to the patent?

Aside from the creator of the patent, are the colleague in the research/development in-tilted to the patent? Or any legal decision on it? Or is it all to the creator of the patent? Can they sell ...
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1answer
72 views

Is a Website Able to Prove Patent Invalid?

Back in July, I had an idea for a new product. I set up a quick landing page, bought a domain and ran some ads to validate the idea. It went well. I moved to phase 2 and actually built out a site with ...
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120 views

When a patent infringment litigation is considered frivolous?

Where is the line telling that a litigation is basically a bullying tool for a patent holder? Accusing party is providing software patent infringement arguments that are laughable to one skilled in ...
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63 views

Prior Art Request for US20140296324 A1 (Virovek Incorporation) —Vectors harboring toxic genes, methods and uses therefor

This application from VIROVEK INCORPORATION seeks to patent a method of healing cancer! 10 minutes of your time can help narrow this US patent application before it becomes a patent. QUESTION - Have ...
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I file for a patent in Canada and US. if someone files a patent in China before me, can I still 'publish' idea in China?

Assume I made an invention and I filed a provisional application for patent in Canada and US and follow up by filing a non-provisional application for patent within a few months. If someone files a ...
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138 views

Can I get my patent back if someone stole it?

If I shared an idea with someone I trusted, and my idea was stolen by that someone, can I still get my patent back? Assuming I have strong evidence proving this (like e-mails printed/saved prior to ...
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2answers
80 views

Patent about internet tech, does territory count?

Just curious AFAIK, patent is only protected on the granting territory. If I patent an internet thing in USA, e.g web UI, does it get protected if other company uses it but sets its server outside of ...
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1answer
31 views

Is company required to mark patent to ask for damage?

From 35 U.S. Code § 287 http://www.law.cornell.edu/uscode/text/35/287 "In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on ...
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76 views

How is it decided whether an improvement or new use is good enough?

I'm planning to attempt patent for a software product that performs a very large range of operations, and there is nothing like it out there. However, I'm sure that out of the giant sea of patents on ...
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89 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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What is the specific patent claim regarding threaded keepers fed into bracelets on US7007507

There is claim on two types of keepers by Pandora Jewelry LLC, threaded and clamshell. What is the specific claim on threaded keepers like the ones currently used by Chamilia LLC. ? Are they ...
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1answer
126 views

Similar Patents, Sweeping Claims

I have an Idea/Potential Patent, but someone else has a similar patent out. Our inventions are substantially different in design. One of their claims is very very general and seems to exclude an ...
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2answers
74 views

Similar design of my invention

What percentage of difference needs to take place for a design not to infringe on an existing patent? I have an invention that mirrors the claims of this one but my design might be different, I wish ...
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34 views

Website Workflow and Service Patents

I am in the process of creating a website, that provides a service that is more generic than another "similar" website. The website only provides a service for a particular service, where my website ...
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UI Interface on Paper53?

Is the UI interface on Paper53 patented? Specifically, the screen with the open book where you flip between the pages.
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Will “Commissioned work” apply for my “not related to work” idea?

I made some ideas when I was working as a contract employee. At that time I have sent those ideas to R&D persons. They didn't make reply after that. Now my contract was over and I came out of the ...
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1answer
117 views

Is it possible to bypass design patent?

Recently I started small business of bracelet making and now I got told, that there's another company, that is making almost the same product and they have design patent for it And I'm making almost ...
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any royalties pending

this is one of my great grandfather's inventions. the story goes that ford strong armed him in 1954 for the patent, then in 1956 the mercury sported a pneumatic ride, courtesy of my grandfather. I'm ...
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1answer
156 views

how to check the priority date of the patent?

IF I need to invalidate the patent that is CIP.Taking priority from CIP->CIP->DP->CP->Parent.
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2answers
112 views

How to check the Novality in the Patent?

When I read Patent, I don't get novality of that specially with CIP, CP applications. Is it by checking Backward Citations and compare with present claims?
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68 views

Patent marking and infringement damage question

As I know, companies are required to mark they product with patent numbers or they will lose any damage. But I tried to search iphone patent mark and it seems Apple doesn't mark their patent, isn't ...
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Patent Infringement on Mashape

As we all know, there are many patents in the areas of voice recognition, optical character recognition, face recognition, etc. Many of these same services are on the Mashape website provided as ...
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61 views

How restrictive are patents?

I don't understand how Optimizely (https://www.optimizely.com/) and VWO (https://www.vwo.com/) exist after seeing an A/B testing patent here: http://www.google.com/patents/US7975000 Also what about ...
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How are Bauer and Reebok able to get around this patent?

Easton is not the only one making one-piece composite sticks, so what is the way around this patent? Also, do Bauer and Reebok have any stick patents?
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First Sale Doctrine applying to physical goods

In an example scenario when a person purchases a 30 pack of Kleenex then makes and sells lunch packs each of which includes a box of Kleenex. Is this person protected by the First Sale Doctrine to ...