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 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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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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45 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 ...
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1answer
183 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 ...
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62 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 ...
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3answers
58 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. ...
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2answers
45 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 ...
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0answers
38 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 ...
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2answers
29 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 ...
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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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2answers
96 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 ...
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1answer
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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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0answers
18 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 ...
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27 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) ...
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1answer
53 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 ...
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2answers
40 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 ...
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1answer
54 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 ...
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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 ...
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24 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 ...
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1answer
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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 ...
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59 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.
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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 ...
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3answers
146 views

Is Article One Partners a scam?

Is Article One Partners a scam or not? See this for two conflicting opinions.
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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 ...
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30 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 ...
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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
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209 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 ...
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4answers
117 views

Do I need to search for patents which are not yet published?

I am doing prior art searching. I want to to know whether I need to search for patents which are not yet published. If so, how do I do this? A related question is: Can I search all patents which are ...
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2answers
96 views

Patent us8686880 No checking of prior art or obviousness to a practioner

How can a patent be granted for Standard industry practice for the last 20 years - For example the Livechart format that uses the exact same method for both proprietary cell/chart/map data and ...
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65 views

Makerbot patents Automated 3D build processes. Are they patents?

http://www.freepatentsonline.com/8226395.html http://www.freepatentsonline.com/8282380.html http://www.freepatentsonline.com/8287794.html These patents are now owned by Stratasys. This image is from ...
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how can I proceed to get back my art priority right

Bayer CropScience team claimed different patents from 2009 and 2014 on biological control of soil microorganisms using bacterial agents these findings were not original and are already published. A ...
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Is there any prior art for US6944690?

This patent discloses a storage controller that combines block and file level interface so that SCSI/NFS/CIFS/HTTP - through all these protocols I/O requests can be accepted. Considering the effective ...
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1answer
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Randomized distributed network coding - Date for prior art?

Patent US 7706365 B2 has, according to Google a priority date of date of Nov 25, 2003. I found a paper containing the invention described in the patent presented by the authors of the paper in a ...
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1answer
46 views

I released a product based on my PPA, should I mention it on my regular PA?

I filed a PPA for a product in June 2013. I publicly disclosed the product in December 2013 by releasing the product online (via a website and Amazon.com). I'm filing the regular patent application ...
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What is the status of US2014089141, WO2012123026 A1, US20120036155 A1?

The follow up questions is how do I know if I have prior art against these patents (or applications)? If one of them has been granted is the process to submit prior art different?
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2answers
434 views

Is RFC 1034 Prior Art for US 6,199,048

I've seen in the news that US Patent 6,199,048 has been upheld several times in disputes over the use of QR Codes with URL shorteners (or QR Code "clearinghouses"). Reading the claims of 6,199,048 ...
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US2009/0183782 is the same as US2014/0048148, is that allowed?

I came across two applications for the same thing, are you allowed to do this. Wouldn't the 2009 be considered prior art?
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2answers
174 views

Sad! Help! Canadian and intl patent application-in-process beat me to it

I had an idea for an invention. I found nothing similar on uspto.gov. Then I discovered Google Patents. I immediately found that someone from Canada is filing a patent for the same invention on the ...
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What is the best way to bring a relevant 102 prior art reference to an examiner for a published application?

I found non-patent literature in the form of a letter to the editor correcting a review article. The correction is on point as 102 art for a currently pending published application which is being ...
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1answer
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Would this application be invalidated by a youtube video showing the same invention 5 months earlier?

So this patent was filed September 11, 2013. There are two Youtube videos describing the same invention from April 2013 from two different people: https://www.youtube.com/watch?v=XSSvqpBLhGM ...
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247 views

This patent plagiarizes prior art. Why does it still exist?

Patent: http://www.google.co.uk/patents/US20070233477 Prior art: http://encode.ru/threads/256-Spec-for-portable-PAQ?p=4703&viewfull=1#post4703 "...The text of the patent is directly plagiarized ...
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115 views

Is Robocasting Development in Ceramic Multimaterial Deposition Prior Art? US20100327479 A1

Is the following document "Robocasting Development in Robocasting of Ceramic Multimaterial Deposition" Prior Art? As it seems to cover the same points as patent US20100327479 A1 but was published ...
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222 views

It seems this is being used by major companies. How broadly or narrowly are patents interpreted?

I was briefly looking at the patent 8438081 (Methods and Systems for Online Shopping) and don't quite understand its applicability. There are numerous successful companies that seem to have ...
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Potential prior art document has 1 common inventor & was published a month before patent app. Prior art?

OUR APP: A US patent application, whose provisional date is Apr. 8, 2004. Assigned to Motorola. Has 5 inventors, A - E. I received a 103 rejection citing PA1 and PA2. PA1: A document published in ...
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Help finding prior art for US13/135,467 (3D computer graphics object and method)

This application (US13135467) is attempting to patent a broad concept of defining "templates" of graphical objects using natural language text: https://www.google.com/patents/US20130009944 Not only ...
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Submitting prior art when patent application number is not known

How can I submit prior art to the USPTO when I do not know the patent application number? There is a competitor that I know is trying to patent an invention that is partially based on my prior art. Do ...
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145 views

Public disclosure, then patent filing?

Would publishing an idea to an invention (on the internet) act as a prior art with a priority date in a later fild patent application? For how long such protection lasts? For example, if someone has ...