For questions relating to the USPTO rules related to prior art or what constitute prior art. For REQUESTS FOR PRIOR ART please use the [prior-art-request] tag.

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How to submit prior art to contest application?

EP2384964A1 claims to be the foundation of split boards dating back to the early 1990's. Manufactures of Snowboards have been making woodcores with center plastic, bamboo and other impermeable ...
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File provisional patent application in India before getting published in a Journal

I want to patent an algorithm in India. I have done enough prior art and I am sure that no such algorithm exists till date. The problem is I have also written a research paper for the same and ...
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Solomon Islands traditional healers using ngali nut oil in massages treatments

In reference to the patent: EP1083914B1 What does this patent cover in Solomon Islands traditional healers working for no commercial profit except for gifts to value of USD1 each time of treatment by ...
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This patent attempts to copy my company software that has been in the public domain since 2005 at www.AxisPointe.com

In reference to the patent: US20120239581 This patent seems to be a copy of my issued patent 20070033108 August 5, 2005 regarding the documentation of products and components in real property. There ...
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Prior art on evaluating trust in a certification authority

In reference to the patent: US20140359280 There is prior art that has been published by myself and colleagues in D. W. Chadwick, A. Basden. “Evaluating Trust in a Public Key Certification ...
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How detailed should the background be?

I'm attempting to form a non-provisional utility patent relating to a method and apparatus used for chemical separations. My question is concerning field of invention and subsequently prior art. ...
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How do I find all the newest patents that reference the following patent from 1962: US3018134

In reference to the patent: US3018134 Where can I go to find newer patents that have references to a given patent number?
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Prior art for US20140314679

In reference to the patent: US20140314679 Would the following applications qualify as prior art for this? US20100240990 CA2692570A1
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how can it be that this patent will be granted? [duplicate]

In reference to the patent: WO2014140543A1 How can it be that this patent will be granted if there are: -US 20100240990 A1 (http://www.google.com/patents/US20100240990?cl=en) -CA 2692570 A1 ...
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How applying for patent affects my business

I am working on software patent application and planning to start the business after submitting the application. What happens if my application is rejected. Now my idea is in the open. Considering if ...
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1answer
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Can I submit a new application?

If my application was rejected, can I write a new application based on the same idea, or it would be rejected because the old application was considered as a prior art?
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1answer
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Patenting existing non-patented concept for use against future use of said concept

A concept or [software] routine/process has been used previously, but has not been patented. If I successfully patent that concept, will I be able to claim infringement when it is used in a future ...
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Does my past work qualify as prior art for US20140272267?

In reference to the patent: US20140272267 I am writing this in response to a recently filed patent application US 20120272267 A1; titled “Trauma Reduction without Ballistic Performance Reduction.” ...
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If a business plan is implemented does it become prior art?

Does a business-method become prior art once it is implemented?. Is there a grace period of 1 year from implementation to filing the patent?
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1answer
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How to find patents for endoscopic capsules?

There is an incredibly useful device that is used in capsule endoscopy. I am curious to know whether such a device is already patented, as they cannot be purchased and neither do I have physical ...
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1answer
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What is the relationship between US20080195499 and Bitcoin?

In reference to the patent application: US20080195499 We found a patent that seems to cover sending and receiving funds via Bitcoin. I'm curious of how this might affect Bitcoin and existing ...
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An obvious prior art… mobile phone

Shouldn't an obvious prior art of this claim be any smart phone / mobile phone with video screen, speaker and a port which load images for display? What is claimed is: An electronic media ...
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Prior Art search

What are the best way to search closest prior art and how to identify closest prior arts from prosecution file history for pharmaceutical patents.
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Mobile App Patent

I would like to know, if a basic search of patent database will give me an idea on whether my idea is patent-able? or I need to perform any specific patentiblity search?
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Can I provide online prior art reference in my application

My invention is a better solution to existing problem. There are a few other patents and publication that tried to solve the same problem, but as far as I know none was implemented. Only known to me ...
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Applicability of prior art for WO2014081967A1

In reference to the patent: WO2014081967A1 The commercial product described in the following presentation, by TEL, (see link below) appear to describe a system with many, if not all of the claims in ...
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1answer
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Planet Labs Satellite Constellation Patent

This is the patent that Planet Labs, Inc. holds for a constellation of satellites: US20140027576 It only contains a single independent claim: A system for use in spatial imaging of planetary ...
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Query on existing SDP attribute related to this patent

In reference to the patent: US20120195235 How is this different from existing SDP attribute "a=lang" as given in RFC 4566?
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1answer
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Objecting granted Patent based on own e-mail correspondence as Prior art?

15 years ago I filed a provisional patent to establish myself as first in line to patent an idea for a novel internet business. I then submitted the idea (my working notes and flowchart) to a ...
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Can a copyright be used as a substitute for a patent?

Elsewhere on this site I see this quote... According to U.S. law, a patent cannot be obtained if an invention was previously known or used by other people in the U.S., or was already patented or ...
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Would this count as prior art?

In reference to the patent: US20130314920 I found this forum, which I believe includes some prior art to this application. The specific post I'm looking at is Chuck-Rowst's, posted Fri. Jul 22, 2011 ...
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A US patent very similar to a Spanish patent

In reference to the patent: US8336498 This US patent describes a system very similar to a system patented in Spain. When the applicants wanted the same system patented in the EU it was discharged due ...
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Is US20110252845 really novel?

US20110252845 does not seem novel to me. Possible prior art: http://www.adaez.com/files/yalepress.pdf (Designing a Door Energy Harvesting Device, 2010, Joey Brink, Ryan Carlisle, Kenny Leveille, ... ...
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Can a prior publication by the inventors themselves defeat novelty?

I had published an article in a journal about an invention I was working on with my co-author. Now that we have been able to finish our project and came up with the drug, we want to apply for a patent ...
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How is this patent different from existing long term online forums, email lists and the like?

It is always hard to weed out of patent-speak what is really going on, but on the surface, as I read the claims, I keep thinking "are we not already doing that?". Maybe there are people who could ...
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Inventor improves own Patent issued 8 months ago

Inventor files new patent improving his own work in recently issued patent; uses novel new components and some existing components, can prove advantages. In the original patent issued inventor used ...
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1answer
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When I reference a patent, do I use the Asignee or Inventor if they are not the same

When I write my own patent, I have to reference someone. Do I use the inventor or the assignee when referencing patents?
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Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

I have two questions regarding the functioning of the patent application examination process. Hopefully someone can shed some light. If a patent application has been filed but not yet published, ...
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Need to re-submit prior art for a continuation if already submitted for the parent?

Application 14/192087 is a continuation of application 13/962607 (pub. no. 20140042670), "Photo booth for three-dimensional images." I have submitted prior art as a third party to the USPTO to try to ...
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Submitting prior art against US patent application

Reference to US20140134731 I think the Patents office is slipshod or very keen on encouraging pirating and patenting of indigenous knowledge. There is NOTHING unique or special requiring any exercise ...
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Patent WO 2014122535 A2 (US 14/172,685): User Interface, prior art exists

I studied this patent (pending) and it seems obvious to me that prior art apply on: System for organizing and displaying information on a display device WO2014122535A2 US20140223313 Application ...
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Nintendo's recent emulation patent: why?

This particular application is all over the news today: HAND-HELD VIDEO GAME PLATFORM EMULATION I'm approaching this out of sheer curiosity. It is my understanding that emulating other hardware is a ...
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New invention covered by claim of other invention

Suppose a patent application is filed, claiming a method+device that solves some problem. In the patent text it is written that the method can solve A & B, but it explicitly mentions that it ...
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Don't these wheels and hubcaps already exist?

Don't these already exist from the 1980's, if not before then? If I do a simple image Google search for "turbofan wheels" I get examples of wheels and hubcaps that show that these have existed for a ...
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Knocking prior art, is it necessary?

I am working on software process patent. There is a significant body of prior art, which I believe is inferior. But proving that would require to go into a lot of technical details of prior art. ...
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Filing a second patent after a first one

I know that when I file a patent application, a research will be done on novelty. This research covers (theoretically) all known publications, existing patents and applications up to the date of ...
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Is USP 7,824,612 prior art to Theranos US Patent No. 8,697,377 even if abandoned?

Is USP 7,824,612 prior art to Theranos US Patent No. 8,697,377 even if abandoned? If so, does it invalidate? According to Forbes, the new richest lady out there is Elizabeth Holmes at Theranos. Who ...
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PCT and Prior Art

Let's say I file for a PCT (or even a US/EU/China Patent) And then I advertise about my technology on my website, way before anything is granted (including details) Does this count as prior art and ...
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Patenting something yet in use by the applicant

If I allready use a piece of software in my company to provide as a consultant service data computed with this application (selling the application results, not the application itself) then is it ...
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Isn't this invention half-century old?

The patent us 2010/0073978 is clearly NOT an invention of a German company. To see how it had been used in volt meters in 1998, visit: http://www.chipinfo.ru/literature/radio/199801/p29.html To have ...
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Possible to include information in patent application refuting similar patents ahead of time?

The title is mostly self explanatory, but I have never been through the patent process before. I have a specific concept for a piece of software that fits the criteria of someone else being able to ...
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Is the following claim 1 from patent (old lapsed patent A) considered prior art for the following patents & application(patents 1-4)?

possible prior art(old lapsed patent A) Active patent #1 Active patent #2 Application patent #3 I am curious as to how the new patents were able to get approval on their claim 1 when it is very ...
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A active US patent has claims that are very similar to a lapsed older Patent?Does this negate the newer patent claims?

The two patents in question are the following: the claim 1 is the one that is similar (new one) ...
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Ortery Technologies Object VR turntable claims

There are at minimum 12 manufactures currently producing and selling systems identical to what Ortery Technologies, Inc. has listed in its claims (US20070172216). There are current systems on the ...
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USPTO Citation referring to a dysfunctional invention

Earlier this year I submitted a utility patent application at the USPTO in respect of a manual cutting device for which I recently received the first Office Action. The report of the examiner includes ...