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

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design patent d579373 - patent infringement

I have a jewelry design that is simply 3 interlocking solid silver rings that can be used as a baby's teething ring. I have been told that I am in infringement of design patent d579373 ..which is 3 ...
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1answer
34 views

What would be considered infringement on patent US 8327659 B2

A patent on a "cooler" is covering a wider spectrum of products. There are numerous cooler companies. Would they be committing infringement on this patent just by making a cooler? Or perhaps the ...
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0answers
13 views

is USB interface covered by this patent? [closed]

Can this patent read on USB interface? The claim elements seems include all USB signals.
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0answers
56 views

What parts of Bouncy Castle are affected by patents?

Given that Bouncy Castle is an Open Source project, it's entirely possible that the contents contains implementations protected by various patents. Since it's possible for the patent holder to sue ...
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0answers
26 views

Granted claim which is already public knowledge [closed]

I often see patent claims that are already known or are part of prior arts which have been expired. The question is why USPTO allows such claims get granted? Don't they know the prior arts? Second ...
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0answers
23 views

is this a design or utility patent? [closed]

I have designed a freestanding type panel that duplicates the functions of this panel but am using different material and am not restricted to a permanent structure. Would I be in infringment if I ...
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1answer
58 views

Which patent claims did George Selden believe Henry Ford violated?

I'm trying to find information for a report analyzing the Ford Vs. Selden case at the turn of the 20th century. I can find a lot of brief case summaries, but I cannot find anything that specifies what ...
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2answers
155 views

General knowledge on how software patent-infringement lawsuits are evaluated

Technically someone has to check the suspected software code, to see if it infringes a specific patent. But What if the suspect claims, that it is his companys own trade secret? are trade secrets in ...
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0answers
112 views

Is it a good idea to avoid software patent issues by simply disallowing americans to use my product?

At least for now... if so, would you recommend it? what are the downsides of it? (other than missing a big market) (Note: seems like bwin.com chose this way (3rd column). It is a huge poker and ...
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0answers
125 views

Does my product infringe on patent 5,344,396?

I have a product that is tubular but looks different and is pieced together to fit in skin tube and secured with a gripper. Used for restoring foreskin, am I infringing on this patent? Has this patent ...
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1answer
141 views

Establishing Base and Rate for Infringement Royalties

I have a question about different scenarios while claiming royalties. Hypothetical situation: US Patent #1 was filed in 2002 and granted in 2007. Its priority dates back to 2000 from a US patent ...
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1answer
147 views

Would any 3rd party accessory makers for the new xbox and ps4 be infringing this patent (US20090205878)?

If I were to make a product for the xbox 720 or ps4 (a controller), would I be infringing on this patent (US20090205878) since both new consoles contain touchpads on the controller? Is this patent ...
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2answers
165 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 ...
3
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1answer
83 views

Are there existing patents on electronic (web) Q&A forums?

We want to add Q&A to our product pages, but don't want to get hit with an infringment. Are their any patents that claim to have invented the electronic Q&A forum for posting questions and ...
3
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1answer
97 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
56 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
62 views

Determining if patent is international?

I am currently looking into patent US20110202766. I am new to patent law and I would like to know if the given patent is US-only, or international. How can I find out about where does a given patent ...
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1answer
222 views

Does the actual inventor of this item have any means of gaining financial compensation for his stolen design?

Assume an inventor A has no patent, just published proof that he created the Invention. Assume a second individual B copies the Invention and files for a US patent on the Invention. Does A have any ...
3
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2answers
210 views

Personally liable for patent infringement

Can the director of a one man UK limited company be held personally liable if his product infringes a US software patent? The UK company's software product is sold in the states over the internet.
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1answer
89 views

How to indicate a patent will never be enforced?

For example, the enforcement of patent US4103235 - Two-tone attention signal broadcasting system; From the inventor: Because this patent pertained to public safety, I chose to never enforce it. ...
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1answer
64 views

How do I know if a bidet is covered under a patent?

I have a kitchen and bath website. I was going to sell bidets on it, that I would buy from overseas, but now I'm worried about patents on the designs, since they are all similar. I did a patent ...
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2answers
263 views

How is the patent 7,844,363 B1 not violating EP 2174251 B1

I saw this patent for Medbox and I was wondering how it doesn't violate EP 2174251 B1 which is for a medicine dispensing machine called Pyxis Medstation. They are similar machines however one ...
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1answer
85 views

Finding Patent Pending Application

I am developing a product idea similar to another product on the market, and see that this product has a "patent pending" status. In my research, I see that the competing patent lists: "Patent ...
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0answers
84 views

Adding of new matter in Patent 8,088,480

Patent US8088480 - Spend 10 years in the patent office and the file wrapper is really long. It looks like they have started infringement cases with 2 other companies. I am looking for a little help ...
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2answers
107 views

A entire procedure of a larger method is already patented, it was found during prior-art search

It was found that the method developed by "A" (newer designers) versus "B" (the original designers and holders of a patent) was more complex. I think it falls into the improvement patents category, in ...
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1answer
98 views

Patent questions prior art and for fictional use

I have a question about patents, for fictional use. Is it considered patent infringement if you use something that someone else may have patented in a fictional work? I'm curious as to how far this ...
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2answers
155 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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2answers
53 views

Turbo System and Method of Installing

I am the owner of SOHO Motorsports and we are in the process of designing a turbo system for a vehicle that is in our shop and I wanted to ask an important question before we begin building this turbo ...
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1answer
165 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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1answer
402 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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2answers
135 views

Does iBooks Author use US patent 2012/0221436?

US patent application 2012/0221436 is about teachers that create, using special software, textbooks that will be sold. This is the same thing that iBooks Author does, isn't it? Therefore: does Apple ...
3
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1answer
436 views

Why did my patent on game rules not prevent these subsequent design patents?

I invented a game whereby I took the game called 4-Square and raised it 7 feet in the air and so you play it like a 4-way volleyball game ... 4-Square in the air. I obtained U.S. Patent No. ...
3
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0answers
278 views

Possible US patent infringement and German company

We are currently trying to set up a startup that sells a software product online. The software can be downloaded worldwide and paid for via Paypal. Our company is a limited liability company based in ...
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1answer
95 views

Will be software implementation of international standard, published under GPL, a patent infringement?

There are a lot of different standards in Telecommunication area, which based on patents created, by telecom corporations. For example, there is a technology LTE - standard for high-speed wireless ...
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2answers
185 views

Would it be infringement if I re-use a PART of a patented product in my own design?

If I purchase an existent patented commercial product, extract one specific part out of it, and re-use that one part in my own design (as part of a device that I manufacture and then sell), is this ...
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1answer
135 views

warning before suing for patent infringment

I want to know that if I make some software and start selling it.Later on someone finds out that the main Idea in my software is same as theirs and they have patent for it. Now do they have to ...
2
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1answer
108 views

Do patents offer protection from private use?

Say I patent an innovative method or device for creating ice-cream. I am in the ice-cream business itself, not device manufacturing. Suddenly, some competitor appears claiming to use a trade secret ...
2
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1answer
95 views

Game with Achievement system

I saw this patent own by microsoft. http://www.google.com/patents/US20060122716 I want to make a game that give a small reward for player who complete some task in game something like kill 50 ...
3
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1answer
227 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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5answers
543 views

Prior Art for Onsite backup for internet-based data processing

Our startup is trying to provide a backup solution for Google Apps for your domain. In principle it's a software running on the client computer. Our software then connects to Google via APIs (GData) + ...
2
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2answers
176 views

Has Facebook patented location checkins, and how could I get around it?

My app features functionality to see where your friends are, pretty much like Foursquare and Facebook do, but the scope and reason why are quite different. In fact, it would be check in / and check ...
2
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1answer
722 views

What happens if I come with an idea that was already patented?

This might seem weird, but what could happen if I document (video, notes, emails, logs, etc) the development of a software application and a company sues me because they have a patent from them that I ...
2
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1answer
80 views

How does this patent affect digital downloads of multimedia at sites like Dropcards.com?

How does patent application US20100325182 affect dropcards.com and similar websites that allow users to send in their media and artwork then furnish the users with unique cards? Users hand out the ...
5
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1answer
335 views

Found patent that describes my iPhone app/Website idea, any options?

I've been working on an app/website that I planned to sell for iPhone and Android, but recently found a patent that describes the idea almost exactly. There are currently no apps that implement this ...
2
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1answer
435 views

Would it be legal to use Square's credit card reader for a startup?

Square's credit card reader technology is patented. Here's a claim from patent US7810729 for illustration: 1. A card reader device for reading a card having data stored on a magnetic stripe ...
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4answers
313 views

How can I be sure that I'm not infringing on anyone's patents?

My friends and I wanted to create an online advertising service that would allow someone to create an advert, pay a one time fee, pay per click of the ad and have the ad displayed on our site and the ...
2
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2answers
157 views

What kind of penalties should I expect when having text about patents that expired in my products?

What kind of penalties should I expect when text about patents patents that expired in my products? (e.g. "This product is protected by Patent No. XXXX" -> This was true at one time, but not anymore, ...
3
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6answers
512 views

Who is allowed to sue for patent infringement?

In the creation of the patent, you have two entities that are tied to it: the inventor and the assignee. Many times the patent inventor hands off the patent to a company as the assignee. Pertaining ...
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1answer
417 views

What should I know before using “Patent Pending” in my products/ website?

Some years ago I read that you should not use the phrase "Patent Pending" in connection to products or marketing materials that do not actually feature or describe technology that is actually claimed ...
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2answers
291 views

How are damages calculated if found guilty of infringement?

If I am found guilty of a software patent infringement how does the court determine how much damage is done and how much I should pay?

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