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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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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57 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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40 views

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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85 views

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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144 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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48 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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113 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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51 views

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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86 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 ...
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107 views

Submitting 3rd party prior art - any negative consequences to the 3rd party?

I have some 3rd party prior art available for a handful of published patent applications, by a few large tech corporations. I am knowledgeable in that field so I believe they would bring down a few of ...
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73 views

Search/Examination Reports

Does prior art encompass both published applications with search report, and closed applications too?
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75 views

I find these two patents virtually identical

I find that these two patents: US3079851 and US3209667 unbelievably similar; they appear to be achieving the same thing by virtually the same method.How could they both have been granted patents?
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44 views

What is the difference between US20130173955 and log-structured raid?

Reading this patent application it looks apparent that it is just rewriting log-structured-raid-arrays in some other words. Log structured raid arrays were described in August 1995's conference about ...
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139 views

Patent Granted then I discovered prior art… What to do?

If I were granted a patent in a field and then it was later brought to my attention that there is a lot of prior art that would render one if not more of my claims invalid, and possibly my patent, ...
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65 views

What are the implications of insufficient prior art?

What are the implications of insufficient prior art? Beyond vaguely being aware that it somehow reduces the chances of finally getting a patent grant, I am unclear as to what are the specific ...
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71 views

Is this patent covering my idea of measuring intra vaginal temperature to evaluate it by smartphone app?

as far as I understand, this patent pending is for a huge device which is for intra vaginal observation of the cervix as well as for introducing pregnancy by inserting sperm. Nevertheless I don't ...
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39 views

Non-publication requests and 3rd party prior art submissions

Can someone here please help clarify the following: For applications that have included a "non-publication request", at what time am I allowed to file 3rd party prior art against them before they get ...
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138 views

Not filing a patent, but found what seems to be “prior art” - any risk?

I have spent a few months building a web based service, and am quite excited about the result/idea/potential. I came up with the idea entirely on my own as a result of a personal experience. I ...
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202 views

How was this eligible for a patent? US 2013/0078073

US 2013/0078073 It is a gantry for a 3d printer. It uses what is commonly referred to as an H-Bot configuration. It was filed Sep.23, 2011. A simple Google search with the term H-Bot from 2009-2010 ...
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141 views

I believe this patent application has prior art - US2013/0220295

I believe this patent application has prior art and is not patentable. ...
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283 views

How can I provably put something in the public domain so that someone else can not patent it?

I have a good idea that is non-obvious and new. I want to make this technology (a new encryption technique) available for everyone to use, and keep it entirely patent-free, including myself. I have ...
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62 views

Patent granted in 2009 on published research results in 2003

I'm a researcher doing work in Information Retrieval. One of the papers I stumbled upon was this: Andrei Z. Broder, David Carmel, Michael Herscovici, Aya Soffer, Jason Y. Zien: Efficient query ...
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69 views

Prior Art not cited in application

We applied for US and Canadian Utility Patents. Our US patent issued. After the US patent issued, during prosecution, the Canadian patent examiner sent back an office action and cited prior art that ...
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332 views

“Method of swinging on a swing”

http://www.google.com/patents/US6368227 Is this a joke? What is the applicability of such a patent? But even more, how can you have the nerve to say that no one else thought about pulling sideways ...
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43 views

Does US4730197 represent solid prior art invalidating US7530675?

Can anyone suggest whether the assignee for US7530675 would be successful in a law suit asserting this patent given earlier examples of rectangular actuators with similar "underlap" ratios? Here's ...
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108 views

Smartphone Apps: Difference between a device and software?

If a patent makes claims about a "device", but not about "software", does that mean I can make apps without infringing, and would my app potentially be patentable? Example: Say I want to write a ...
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177 views

Is “prior art” established by written consideration of an idea but not used?

I had a website tying messages-with gifts online around 2006. I notice that there are several patents dealing with this topic and I believe that I have written evidence that I considered the same ...
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200 views

US patent application Us20130015958 An RFID tag system

I'm looking for prior art against US patent application 20130015958 (serial number 13/481,141). Truncation, compression, and encryption of rfid tag communications Claim 61 A radio frequency ...
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261 views

Can abandoned european patents become prior art for a US Patent with number WO2005065109A3?

I need some input regarding Prior Art. I have found some abandoned patents with almost similar invention to a US Patent with number WO2005065109A3. It is possible to invalidate the patent by using ...
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95 views

Patenting data representation on screen

Is it possible to patent the way folder structure is represented on the screen. In what sense it is patentable since it does not fit into any category but Apple and Microsoft have parts of their ...
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400 views

Does THIS prior art invalidate THIS patent application?

Here is an example of an invention website where a poster presents the idea of a "Slide Release Buckle + Fire Starter", dated April 18, 2011. The application in question is "Quick-Release Buckle ...
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168 views

prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee

I have a question about the prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee. Earlier filed application: Indian Patent application ...
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199 views

What is the difference between US6510441 and the Knuth-Plass algorithm?

This patent cites Knuth-Plass as a prior art, but doesn't seem to specify how it varies. It must do since this patent was approved, but what is the difference? Is is a difference in implementation ...
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176 views

When can new prior art be brought during prosecution? How can we help?

I am looking for a clarification ideally for both USPTO and EPO procedures. I thought that: applicant could (must for US) bring new prior art anytime during prosecution until grant (through IDS for ...
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316 views

Production of patented product predates the product's patent

Patent US8144070 protects the IP concerning the portable Yagi-Uda antenna product called SuperAntenna Model YP-3... http://newsuperantenna.com/YP3-SuperBeam-Portable-Yagi-Antenna/ The problem is ...
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185 views

How can I make certain that prior art I find for submission is “good prior art”?

I see on many threads here references to there being prior art, and then "good" prior art. After searching at length through many threads on this site, and even turning to the internet at large and ...
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537 views

Does a software implementation count as prior art?

Does a software implementation count as prior art and sufficient proof to invalidate a patent application? Does it matter whether the implementation was closed-source, open-source or public-domain?
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393 views

Would software automating a manual process described in an old book be invalidated because the book is prior art?

There is a book from before the PC age that describes how to manually do something that could be done with software. A number of websites describe how to do this manually still, though apparently no ...
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227 views

How was this patent issued over the prior art?

I don't see a substantial difference between this part and a standard banana jack. For example - http://www.alliedelec.com/search/productdetail.aspx?SKU=70209775. Versus USD651568 The purpose ...
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150 views

Is Disclosure to a Senior Government Official a “Public Disclosure” of an Invention in the US

Is a photograph showing a senior government official, for example, the Deputy Secretary of Defense, viewing a prototype considered evidence of "public disclosure to the government" which would ...
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177 views

3rd party filing a patent based on an idea posted to my blog

Can a third party file a patent based on a idea I have listed on my blog and made public under a creative commons license? Are improvements to the idea patentable if the original idea was published ...
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151 views

I have evidence of inequitable conduct for an issued US Patent - What are my options?

http://proceedings.spiedigitallibrary.org/proceeding.aspx?articleid=971777 The above article predates the patent US5576880. I sent this article to the inventor of US5576880 prior to his filing of ...
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427 views

How to invalidate a patent with prior art?

I currently work for a company being sued by a patent troll. We have a lawyer and a bunch of middle-men. I don't really get to talk to the lawyer. After tons of digging, I found prior art that ...
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93 views

this is a design from the 1960s by Gysin & Sommerville

this design has been created by Brion Gysin and Ian Sommerville in the 1960s... you did NOT invent neither the contraption, nor (even less) the "ornamental design".
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Is Imported Product Made in Foreign Country Prior art to US Method Patent?

I have a question relating to whether an imported product made in a foreign country by a patented method, before the method was patented, would be prior art to the method patent. That's a mouthful, ...
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301 views

If a patent claims a method, is a subset of the method's steps also covered?

Assume there is a patent that has a claim for a method, the method comprising 5 steps: Step 1 Step 2 Step 3 Step 4 Step 5 Two questions: If I drop Step 5 and use a method consisting of Steps 1 ...
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102 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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how does this paper published in April 2008 3 months before the filing date affect the claim?

I found this patent http://www.google.com/patents/EP2155766A1?cl=en while looking at Ru mediators. I also found the paper below; http://lbms03.cityu.edu.hk/theses/abt/mphil-bch-b22687452a.pdf The ...