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

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3
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1answer
32 views

What is the role of dependent claims?

I am very new to filing patents, What is the role of dependent claims? Couldn't I just have one claim with any details required? What is the difference if I have one, two, or ten claims? When I ...
1
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1answer
21 views

Is it true that a USPTO patent not safe from European companies?

All feedback is greatly appreciated. I'm a very young inventor.
2
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1answer
25 views

How does an “open release” affect enforcement of plant patents?

The following excerpt (with patent links added) is from Making Sense of New Apple Varieties, Trademarks and Clubs: Current Status (2009): ‘Cameo’ (‘Caudle’): An open release, this variety was a ...
2
votes
1answer
51 views

Does my product infringe on claim 1 of EP 2342386 A1?

I am producing a rainwater collection system and am not sure if the current system infringes on Nigel O'driscoll's Rainwater harvesting system (EP 2342386 A1), which is listed as follows: A ...
4
votes
1answer
81 views

Can I build a patented item (US 7,877,268) for personal use?

In reference to the patent: US 7,877,268 I would like to make this item for my grandmother. I would not be offering it to others or selling it for commercial use. Is this legal? What issues should I ...
2
votes
2answers
66 views

I could be sue for patent infringement just to have my website with a system or platform of a third company?

If I have my website created with a third party company and they are infringing any patent, could I be sue, just to be a user of that software or program?
0
votes
1answer
59 views

Are royalties due to a patent holder who's work has been cited by other inventors?

A number of years ago (in 1978) my father created and patented a type of exercise equipment. The patent has been cited by a number of other patent holders and was wondering if this meant there should ...
1
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0answers
21 views

How to determine Canadian patent life-time?

Is patent CA 2561773 A1 still valid or pending? Event shows: dead in 2008 Please inform of risk of patent infringement.
0
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0answers
9 views

I need help about a product

I want to create a product and I want to know how I can get a patent for it. Also I want to know this: Some technologies are already patented. Lets say I will do a doorbell system Smart doorbell. ...
0
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1answer
33 views

hypothetical situation: utility to design patent - wanted utility patent already gone; can I create a design patent based on existing utility patent

I filed for a utility patent and afterward I found someone's utility patent that won't allow mine to be approved. A close example is: applying for a specific design for a shoe and hoping that it ...
0
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0answers
56 views

Is Non-infringement statement legally effective?

We're doing active pharmaceutical ingredients trading from mostly India to Taiwan. We ask suppliers to provide an non infringement statement which focuses on designing around TW patents. We provide ...
2
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1answer
42 views

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 ...
1
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1answer
67 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: ...
3
votes
1answer
118 views

If a patent refers to the use of a “strap”, can I use a “chain” instead and not be in violation of the patent?

A patent claim states a "strap used to suspend the motor". Can I use a chain to suspend the motor and not be in violation of the patent. I looked up the definition of a strap and from what I can tell ...
2
votes
2answers
69 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 ...
2
votes
1answer
97 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 ...
1
vote
1answer
82 views

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 ...
1
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1answer
30 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 ...
0
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0answers
63 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. ...
0
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2answers
73 views

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. ...
1
vote
2answers
119 views

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 ...
0
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1answer
39 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 ...
0
votes
1answer
95 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. ...
0
votes
1answer
134 views

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 ...
1
vote
1answer
97 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 ...
1
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1answer
125 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 ...
1
vote
1answer
172 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 ...
4
votes
2answers
220 views

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 ...
1
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0answers
21 views

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 ...
0
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0answers
13 views

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?
0
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0answers
21 views

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 ...
1
vote
3answers
89 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 ...
1
vote
1answer
503 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 ...
0
votes
2answers
431 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?
0
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3answers
45 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 ...
0
votes
1answer
75 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 ...
2
votes
3answers
135 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 ...
0
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0answers
78 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 ...
1
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2answers
185 views

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 ...
1
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2answers
163 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 ...
0
votes
2answers
120 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 ...
1
vote
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 ...
1
vote
2answers
81 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 ...
0
votes
1answer
93 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 ...
0
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0answers
18 views

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 ...
1
vote
1answer
134 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 ...
0
votes
2answers
88 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 ...
0
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0answers
44 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 ...
0
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0answers
17 views

UI Interface on Paper53?

Is the UI interface on Paper53 patented? Specifically, the screen with the open book where you flip between the pages.