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.

learn more… | top users | synonyms

1
vote
1answer
24 views

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 ...
3
votes
1answer
41 views

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.” ...
0
votes
1answer
27 views

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?
1
vote
1answer
21 views

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 ...
4
votes
1answer
73 views

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 ...
1
vote
1answer
61 views

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 ...
1
vote
1answer
13 views

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.
0
votes
1answer
21 views

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?
1
vote
1answer
26 views

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 ...
0
votes
0answers
16 views

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 ...
1
vote
1answer
54 views

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 ...
0
votes
0answers
5 views

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?
0
votes
1answer
45 views

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 ...
2
votes
2answers
101 views

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 ...
0
votes
0answers
28 views

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 ...
0
votes
1answer
44 views

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 ...
1
vote
0answers
61 views

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, ... ...
2
votes
1answer
141 views

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 ...
1
vote
2answers
106 views

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 ...
0
votes
1answer
92 views

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 ...
1
vote
1answer
25 views

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?
0
votes
2answers
97 views

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, ...
0
votes
0answers
32 views

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 ...
0
votes
3answers
65 views

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 ...
0
votes
0answers
65 views

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 ...
1
vote
1answer
223 views

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 ...
1
vote
2answers
100 views

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 ...
1
vote
0answers
80 views

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 ...
0
votes
3answers
69 views

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. ...
0
votes
2answers
66 views

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 ...
0
votes
0answers
74 views

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 ...
0
votes
2answers
37 views

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 ...
0
votes
0answers
27 views

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 ...
0
votes
2answers
124 views

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 ...
0
votes
1answer
34 views

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 ...
0
votes
0answers
28 views

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 ...
0
votes
2answers
72 views

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) ...
1
vote
1answer
76 views

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 ...
0
votes
2answers
53 views

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 ...
0
votes
1answer
86 views

Art from US Patent prevent patent in other countries?

My design patent was filed on Jul. 19, 2013, in the United States. I received some bad advice and did not file for an EU patent (huge market potential for my product there.) So I was wondering, if ...
-1
votes
1answer
28 views

EP 1544461A1 , A questionable modified prior art,

When this application first published on Google? The published application on Google is identical to published on EPO, and both are greatly different from what is on reputable USPTO, which cited the ...
0
votes
0answers
26 views

Prior Art relating to geopolymer coatings

Referencing Patent Application WO2008113609, there has been work performed in this area dating back to 2000 by New Jersey DoT and their collaboration with Rutgers University the reports of which are ...
2
votes
1answer
67 views

Can a patent still be granted with many prior arts (ref citatations/isr etc )?

Phrased another way, how weighted/important are the prior arts when a patent application is filed? If someone, or an internal search report shows many possible reference citations (is this the same ...
1
vote
2answers
96 views

Where can I view this patent application?

This blog post says that this patent has now been filed. Can I view the patent on a database anywhere? I'm going to attempt to look for prior art.
0
votes
0answers
26 views

US8387329 - Conflict with patent 5050356?, Immured Foundation

The Immured Foundation was developed in 1986 and has two patents. Patent 5050356, issued 9/24/1991, shows a steel ring (item 18) with U-bolts (item 21) to support the reinforcing bars (item 16). This ...
-1
votes
3answers
710 views

Is Article One Partners a scam?

Is Article One Partners a scam or not? See this for two conflicting opinions.
0
votes
0answers
43 views

Is an invention considered “publicly disclosed” merely because it is described on a hosted service?

We are considering using a hosted SaaS collaboration website to discuss and roll out an invention. "We" includes only specific individuals who are all party to an appropriate NDA. So, I already know ...
0
votes
0answers
33 views

patent claims need to be trimmed down

I read the patent application titled "METHOD AND SYSTEM FOR AGGREGATE BANDWITH CONTROL". The application number for this application is US20090063698 A1. I have some prior art to report. In text ...
0
votes
0answers
35 views

prior art request for United States Patent Application 20140062849

This appears to be attempting ot patent displays driven by line of conductors - like LCD displays
0
votes
1answer
211 views

Isn't IM an example of prior art in US6463131

This looks like a patent written in 2000 by someone who never lived through the 90's -- AIM and Yahoo IM and all of those are classic examples of applications which would fill this for prior art. As ...