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relationship between claims and embodiments

When drafting a utility patent applications, which component is decided first, the claims (scope) or the embodiments? Does the claims come first and then the inventor furnish as much embodiments as ...
Bear Bile Farming is Torture's user avatar
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0 answers
15 views

what percentage of patent applications are directly non-provisional verus starting out with a provisional?

Is there any statistics on the breakdown? And specifically, what about patents for software?
Bear Bile Farming is Torture's user avatar
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2 answers
51 views

Can someone file a patent for your invention in another country while your application with the USPTO is in provisional state?

Inventor files provisional application with USPTO, obtains "patent pending" status. Inventor then discloses his inventor to potential investors. Can these potential investors, or anyone, ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
42 views

Do the drawings of a patent application have to be actual drawings or can they be screenshots?

I hired a patent attorney to draft a software patent for an app. I took screenshots of the app and sent it over to my attorney. They said that they will add them to the patent application. But I have ...
Bear Bile Farming is Torture's user avatar
1 vote
1 answer
27 views

Regarding the impact on patent rights after responding to OA (Office Actions) for family patent applications in multiple countries

I would like to seek advice on a matter. For a patent to be protected in multiple countries (such as the IP5 countries), a common strategy involves submitting a PCT application based on the priority ...
Jam's user avatar
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0 votes
1 answer
24 views

submitting a completed non-provisional patent application as a provisional patent application

I have hired a lawyer to draft a non-provisional utility patent application. When it is completed, could I submit it as a provisional patent instead? Whenever I am ready, I will then convert the ...
Bear Bile Farming is Torture's user avatar
-1 votes
0 answers
24 views

I have several patents that are generating revenue. I am the inventor. I assigned the patents to the company

When assigned to the company, they, by employment and royalty agreement, were obligated to pay royalties quarterly. Thus far limited payments made and none over the last 1.5 years. Obligations to pay ...
Cersten Jantzon's user avatar
0 votes
2 answers
36 views

Is this patent still active/legal?

This question is in regards to patent US7975953B2 To me this looks expired, but in legal "patent-terms" i'm not sure what that would mean. Is it still active? Is it then leagal world wide ...
the_dragon_no1's user avatar
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0 answers
6 views

What is the format of a patent permalink at USPTO?

I seek a permalink to cite a US patent from ORCID. I used PPS to find US 7767066, however could not locate a permalink.
Mike May's user avatar
0 votes
4 answers
62 views

I have 2 ideas for a utility patent what should I do with them?

I have a design for a modified sensored blushless dc motor and a method to control this modified motor. This modification along with the control method improves the BLDC motors power density, torque ...
Mister Moron's user avatar
0 votes
1 answer
29 views

Clarification Needed: Patent Scope and Prior Art for Auto-Injector Mechanism Design

I've been working on a device with a mechanism similar to these auto-injectors: https://patentcenter.uspto.gov/applications/29124543/ifw/docs?application= https://patentcenter.uspto.gov/applications/...
Tech Late's user avatar
0 votes
1 answer
24 views

How long does it typically take an attorney to draft a software patent?

For each tier of complexity for a software patent, simple, medium, and complex, what is a typical time frame for it to take an attorney to draft the patent. No patent search is involved, just the ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
36 views

Who Owns the IP Rights? Invention Outside Company Market

I work for a company that manufacturers X commercial machines. I have come up with a new invention that can be sold in the fixture components market (completely unrelated to the products my company ...
Frank35's user avatar
0 votes
1 answer
79 views

I am a small independent inventor. How can I monetize my patent after obtaining it?

I have a granted patent, and its PCT application is active, allowing for international and subsequent applications. What are the suitable methods for patent monetization? 1.By seeking corporate ...
Jam's user avatar
  • 15
1 vote
0 answers
16 views

Determining expiry on US patents with both patent term adjustment and patent term extension

In the case of a patent with both patent term adjustment (PTA) and patent term extension (PTE) in which cases will the PTA allow this extension to be longer than the PTE alone? For example, US6967208 (...
Dan2097's user avatar
  • 11
0 votes
2 answers
51 views

Significance of the publishing date of a patent

If a patent application has been filed but has not but published, then it can still be used to block a later patent application for the exact same invention. However, what if a later patent ...
Bear Bile Farming is Torture's user avatar
1 vote
2 answers
52 views

what can be used as published prior art?

Let's suppose that some 8th grader documented their invention in a term paper and submitted it. The teacher graded it and returned it to the 8th grader. Ever since then, that paper is stored in the ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
30 views

Invalidating a claim which contains a step to charge a user but missing the step that enables the user to consent to be charged

Parts of a software method claim: determining a fee based on the first user profile rating; charging the fee to the first user after the first gift is accepted. In the entire method claim, there is ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
24 views

difference between claiming a software invention as a method, apparatus, or system?

I see many software patents that essentially have multiple repeated claims claiming the same thing but in the form of a method, then system, and then apparatus. What the difference between claiming a ...
Bear Bile Farming is Torture's user avatar
1 vote
2 answers
45 views

Can you sell products manufactured from a patented process in the country which the process (but not the product) is patent active?

I'm wondering if you can manufacture a product using a patented process in a country where that patent for the process is inactive, and then sell the product of that process in a country where the ...
Akemedis's user avatar
0 votes
2 answers
44 views

can any patent attorney draft a good software patent?

I am trying to determine if a patent attorney truly needs to know anything about computers or software at all to write a good software patent? The way I see it, all software is a method or a system? ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
51 views

My late husband, Thomas Bruce Meagher patent guru has 52 utility patents, as his widow should I get any royalities? It has not been 20 years for some

I am the Widow of Thomas Bruce Meagher patent guru, lost my husband January 1 2010 in horrible accident. Is it possible I could get royalities from his 52 utility Patents? We were married fifteen ...
Gwendolyn Meagher's user avatar
0 votes
1 answer
23 views

Fitting two distinct inventions into one patent?

Let's say that I am building a mobile app. There are two novel features of this app that set it apart from prior art. However, these two features are inherently unrelated. But because they are for the ...
Bear Bile Farming is Torture's user avatar
0 votes
2 answers
27 views

in a method claim, how to word it such that the order of certain steps can vary?

Method claim: The server receives a request from User A containing the unique id of a professor on the server's database; This request is stored on the database; x) a time slot is determined for this ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
15 views

is it common for attorneys and clients to interact entirely remotely online?

I am currently searching for patent attorneys. But I am only limiting my search to my city. I am wondering if that is unnecessary? Is it common now for the clients and attorneys to interact entirely ...
Bear Bile Farming is Torture's user avatar
0 votes
0 answers
53 views

what percentage of initial consultations do not lead to the patent attorney accepting the client's business?

In order for an inventor to get an attorney to draft a patent for their invention, there is an initial consultation where the inventor discloses their invention to the attorney. questions: What ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
45 views

can an attorney with mechanical and electrical engineering background write a good software patent application?

I am researching a possible patent attorney who has educational backgrounds in mechanical and electrical engineering. He has obtained more than 800 patents over the course of his 30 year career. In ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
15 views

Can the applicant dictate when to patent application is published?

If an applicant files a patent application with the USPTO with the intention of eventually filing the same application in other countries, how does the publication date of the USPTO application affect ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
26 views

how to exclude patents from a specific country?

There is an inventor with my same name, and I am setting up an external search using USPTO and I would like to exclude the patents based on a specific country or for instance when the author zip code ...
L.B.'s user avatar
  • 1
0 votes
2 answers
91 views

I have a day-trading investment strategy using ETF QQQ. I am ready to get it coded before installing it on my brokerage account. Can I patent it now?

I have a precise investment strategy using Bollinger Bands, 3 minute charts, and specifically defined QQQ price movement requirements that dictate buy and sell points. The decision steps are ...
tblan723's user avatar
0 votes
1 answer
18 views

Unexpected fee payment during a provisional patent applicaiton

I've come to the last step of online filing a provisional US patent as a "small" not "micro" entity. The fee payment page lists fees as: 2005 PROVISIONAL APPLICATION FILING FEE $...
Bryce's user avatar
  • 163
1 vote
0 answers
28 views

How does the USPTO uniquely assign a patent to an owner

Next to a patent, there is the inventor's name and assignee name. But one's name is not unique. How does the USPTO uniquely identifies an owner of a patent? Does it require the owner's SSN? What about ...
Bear Bile Farming is Torture's user avatar
0 votes
2 answers
36 views

How was this patent/claim granted with such little implementation detail?

https://patents.google.com/patent/US7739231B2/en?oq=US-11960557-B2 US7739231B2 Let's look at the first claim: A computer-based people matching method comprising: determining the expected level of ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
71 views

Who owns rights to patent GB260015414?

I was told that a biomedical company has ownership or exclusive rights to Patent GB260015414. I don't know if it is a mechanical device or a chemical process? Just that it is valuable. If I can't find ...
Fsd1255's user avatar
0 votes
2 answers
33 views

How to determine the attorney, if any, in a published patent application?

I am currently reading a published patent application. I cannot find the attorney name. Is there a way that I can conclude that the patent was drafted without an attorney?
Bear Bile Farming is Torture's user avatar
0 votes
0 answers
23 views

adding more elements to the independent clause versus adding more elements to the outcome of a logical rule

Patented Method and Process If (A) and (B) happen, then (X) and (Y) always happen. Competitor's Infringer (I) If (A) and (B) happen, then (X), (Y), and (Z) always happen. I know that by first ...
Bear Bile Farming is Torture's user avatar
0 votes
0 answers
14 views

does a logical rule with more dependencies infringe upon a logical rule with less depencies?

Patented Method and process: If (A) and (B) happen, then (X) and (Y) always happen. Competitor's potential infringer: 1. If (A), (B), and (C) happen, then (X) and (Y) happens. 2. If only (A) and (B) ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
16 views

when and where are newly granted utility patents published?

I am currently trying find a patent that has just been granted. Where do I go to search for it? I am not sure if it is actually granted yet or announced that it would be granted.
Bear Bile Farming is Torture's user avatar
0 votes
0 answers
46 views

Client error '401 Unauthorized' from USPTO

when I use PublishedApplication.objects.get("US20130228431A1").claims_text get HTTPStatusError: Client error '401 Unauthorized' for url 'https://ppubs.uspto.gov/dirsearch-public/searches/...
Bharadwaj Ramanna's user avatar
0 votes
2 answers
51 views

Can a person patent something invented by AI?

I know that AI has been barred from becoming patent holders. Can a person patent an invention conceived by AI?
Paula Nuguid's user avatar
0 votes
2 answers
36 views

what percentage of utility applications are granted on the first try?

Is this statistic tracked somewhere? If so, what is the percentage utility patent applications are granted on the first try? In other words, no further office actions were requested from the examiner, ...
Bear Bile Farming is Torture's user avatar
1 vote
1 answer
32 views

I am not in the US. Do I really have to undergo USPTO Patent Center eFiler verification to view the status of my PCT priority application?

I submitted to USPTO last month an application for the national stage application of a PCT patent. I created my MyUSPTO account, generated my datasheet with their system, submitted all the necessary ...
RAKK's user avatar
  • 123
0 votes
1 answer
21 views

Is there a subscription list for entities to be notified of new patent applications so that they can challenge the new claims?

For example, let's take Match Group Inc, which is a multi billion dollar conglomerate group that owns a suite of dating apps. Is there a list that they sign on to on the USTPO that notifies them of a ...
Bear Bile Farming is Torture's user avatar
1 vote
1 answer
29 views

Invalidate a Patent

I have to invalidate the EP patent having Mar 2014 as priority date, whether the search should focus on filing date or published date of prior arts? and Can we consider a patent as prior art having ...
Yamuna's user avatar
  • 11
0 votes
0 answers
12 views

German domicile for Germany Patent Application

Any overseas applicants have some suggestions on how to bypass this regulation? Or I have to pay attorney fee to a German attorney? How will the patent office verify or use this German address? Will ...
cmabill's user avatar
  • 31
0 votes
0 answers
12 views

How to get e-office notification from USPTO

It's quite strange that I applied a utility patent but I can't be added to their email notification list. I try to find the instruction but unsuccessfully, they just merge all into [patentcenter][1] [...
cmabill's user avatar
  • 31
1 vote
2 answers
75 views

how would a patent examiner search for prior art on a patent application for a dating app?

There are literally 1000s of dating apps either on the market today or have went out of business. If a new patent application comes in with a feature for a dating app, will the patent examiner check ...
Bear Bile Farming is Torture's user avatar
1 vote
0 answers
12 views

How to submit ADS on the NEW patent center USPTO

anyone has experience to successfully submit your amendment files on the patentcenter I DID submit it when EFS-WEB was available, now they have only patentcenter, I has a screen shot and I think this ...
cmabill's user avatar
  • 31
2 votes
1 answer
54 views

Can the applicant add new claims to their application in response to a rejection?

Let's suppose that a patent application has 10 claims, first submitted on 01/01/2024. A year later, the examiner rejected 1 of the 10 claims. In response to this rejection, the applicant modified the ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
24 views

How i can patent an idea and concepts? Can I patent a new idea and new concepts?

So I have many ideas and concepts to take patents so there we can patent an idea and concepts. How much will it cost to take patent an idea. Is it too much costly. I am individual from India
Prakalp Upadhyay's user avatar

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