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**PLEASE NOTE** that questions about Copyright are off topic for this site. Use this tag for questions predominantly about patents that cross over into Copyright issues.

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20 views

If someone has a patent but I invented same thing earlier, can I manufacture it?

If I invent something specific then someone patents a similar thing later (let's assume a recent patent e.g. 2015), do I have the right to manufacture and sell products using the invention? And if so, ...
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1answer
24 views

How much can you change a PPA when converting into Non-Provisional such that you will be able to keep the PPA date?

Concerned with PPA “converting” to Non-Provisional I am in the process of drafting up a software Provisional Patent Application. I have an issue in that there are parts of the system that require ...
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1answer
20 views

Can you copyright a trade secret? [closed]

1.Trade Secrets Protections for confidential information such as formula, method, device, machine, compilation of facts or any information that is confidential and gives a business an advantage. ...
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3answers
142 views

How to protect my idea/prototype at little or no cost?

I have an idea for a medical device that has been called "phenomenal" , "solid idea" etc...from medical professional friends of mine. Now I don't want companies in China to copy my idea...! Problem ...
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3answers
85 views

How was the period for patent protection chosen?

Patents in the US last 20 years. Apparently this is a relatively common period for much of the world as well. How was this period chosen? Did the US pick a period first and the rest of the world ...
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0answers
20 views

Patent application: can the citation of a figure from another author be considered fair use? [closed]

I would like to include a figure from a scientific paper which illustrates some background for my invention. I can cite the source and I can make it clear that I'm using it for illustration and ...
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2answers
46 views

Who owns copyright to computer code disclosed in a patent?

I wonder if anyone can enlighten me on something I have never understood. Supposing that I include computer source code in a patent application. Let us suppose that the source code remains unchanged ...
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1answer
25 views

Can I patent and create an existing service with a different name, in a different state?

If I wanna patent my idea.. but there currently already have an app of it in a different state for which it's present, could I use and patent my idea that's similar to the existing one without getting ...
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2answers
926 views

Do the weights of a neural network get any kind of IP protection?

The real 'knowledge' or the learning that makes a neural network give results is the values behind of the edge weights which are literal expressions (numbers) as seen below. The neural network is ...
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0answers
44 views

If someone owns a patent, does this mean they some sort of rights from places that use their invention?

https://www.google.lk/patents/WO2000073955A9?dq=ininventor:%22Michael+F.+Guheen%22&cl=en I happened on this and started wondering why this guy doesn't own half the Internet because shopping carts ...
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1answer
80 views

Can I sell my own brand of toilet paper without being sued for infringement?

I would like to sell my own toilet paper rolls, but having done some google searches, there seems to be a lot of patents on it, many of which are held by Kimberly Klark. Is it possibly for me to buy ...
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1answer
56 views

Natual Language processing patent by Oracle

Oracle holds a Patent US20130103391 "Natural language processing for software commands". I didn't exactly understand what they actually claim. Anyway, If I publish an ERP program that has a search box ...
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1answer
530 views

Can I copy parts of applications that are not specific to the invention?

I've noticed that patent applications go through pains to describe widely understood concepts such as what is a computer or a mobile device. For instance this patent by Apple US 20150042819 A1 devotes ...
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1answer
42 views

Publish a PDF copy of the patent

Our patent (US9286268) was issued on March 15, 2016. Can I put a PDF copy of the patent to my server/homepage?
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1answer
59 views

What copyright or patent infringements could I step into by remaking an old game?

There is a very old game from Westwood Studios currently owned by Electronic Arts I'd like to remake, but I don't know if I can turn it into a business due to the related copyrights and possible ...
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0answers
22 views

Can I reference an existing patent that was made in 1974? If so, how in depth?

I have an idea that includes a 'click' spring retractable system (In reference to 'click' pen invention) that was published in 1974. The mechanism would be vastly similar. How intricately do I have ...
3
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2answers
6k views

How can I protect a new form of physical fitness, using conventional workout routines and moves, on an non-conventional surface?

How do I protect two new ideas for getting fit? The work outs themselves are, for the most part, common practice in gyms during floor routines, aerobic classes, and step workouts. Only the surfaces on ...
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3answers
1k views

How Do I avoid being sued for patent infringement when publishing my mobile app?

I have created an app for use in mobile phones and I intend to make the app available for sale. From my research, there is no other app that looks like mine that I've heard of, there is an old ...
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0answers
18 views

What is considered a patent? [duplicate]

I have an idea for a mechanical over Unity that uses magnets with different Tesla values to keep and add energy into a perpetual system. I don't have the money for a patent because I'm poor and on SSI....
2
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1answer
106 views

I need to find out about keeping my sketch secured

I emailed my sketch to a prototype company after signing an agreement. Is that agreement binding, and can I mail a picture of my sketch to myself and keep it sealed in case someone wants to patent and ...
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2answers
2k views

Does Copyright provide invention protection?

I was advised by an "inventors circle" to protect my idea by copyright rather than obtaining a patent. First question: Is copyright considered a publication in view of the patenting process? Although ...
2
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1answer
72 views

Scope of a worldwide grant?

Wondering what the scope of a worldwide grant / transfer of all IP, either via an employment contract or explicit transfer is? I ask as a number of countries are not members of the WIPO, others have ...
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3answers
270 views

Question regarding employee vs employer patent ownership

I am employed by a big IT consulting firm or IT services industry in USA (IT and business consulting) at the senior management level (I am not hired to develop software or IT/non IT products, but only ...
2
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1answer
390 views

Has anyone used copyright infringement in the application, as grounds to block / revoke / force the re-examination of a patent?

Just read "this-is-a-direct-copy-of-a-previous-patent-we-own", in conjunction with "Are text and images in the patent copyrighted?", and "Can I copy texts from other applications into my application?"....
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1answer
100 views

Printing the patent image from US patent [duplicate]

IN reference to :- US2249572 Wearable bone-conduction hearing aid Do I need permission to print an image from patent? Is it public domain? USE:- Printing would be on vinyl wallcovering and ...
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0answers
208 views

Can my cousin copyright his world population cartogram? [closed]

My cousin made a cartogram depicting world population in microsoft paint. It became quite popular and he he was contacted by the author of an earlier world population cartogram. The author of the ...
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2answers
582 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 ...
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0answers
317 views

Elevator driven by flat belt in EU

I am currently doing some research about elevators driven by flat belts. There seem to be a few patents regarding the use of flat belts for elevator suspension means. I found patents US8157058and ...
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1answer
901 views

Can mobile app concepts get a patent or copyright?

Alright, with more than 1.2 million apps on the app store, it's become increasingly difficult to find new app ideas that don't already exist. My question is; can simple app concepts that aren't ...
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3answers
257 views

How can I contact the inventor or applicant of a European patent or application?

I'm interested in contacting the owner of EP1870511A1. Where can I find information to do so? I've reviewed "How can I contact the owner of a patent?," but it appears to only cover American patents ...
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3answers
61k views

Can I patent a mobile application or protect the idea

I am about launching a mobile application soonest (in 5 days time) but I am really scared about others using the idea behind the whole system because the few people I have spoken to about investing in ...
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1answer
1k views

How to get Copyright permission for a figure in a patent

I would like to get permission for reusing Figure 26 of the United States Patent US20130256198, "Magnetic separation of electrochemical cell materials", in my review paper and thesis, with slight ...
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2answers
90 views

To use “copywrite” to protect an invention.

Someone suggested that 'copyright' is a means to protect an invention. To do this a description, not unlike a patent write up, can be copyrighted protecting it from someone else to file a patent on ...
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2answers
78 views

Am I allowed to test and research with Graphene

I am a student and wanted to do some research on graphene on how to mass produce it and I was wondering before starting my project on the wondrous material. So my question is, Is this a free patent? ...
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1answer
1k views

Plagiarism in a Patent Application

This patent has, as part of its content about projective geometry, text and diagrams copied from my web site http://www.nct.anth.org.uk/ without permission or acknowledgement. Is that ethical in a ...
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0answers
53 views

When will this patent be availabe for clinical application by healthcare professionals? [closed]

I am a healthcare professional (RMT) in Ontario with many patients who come to me concerned with their cellulite. I also educate the public about cellulite and provide treatments geared specifically ...
2
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1answer
73 views

Gaining a copyright/Patent

Is it possible / legal to gain a copyright / patent over a somebody's else idea, changing / improving / altering something significantly?
2
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1answer
77 views

Can I Do A Title Search On A Patent or a Copyright Like With Real Estate? [closed]

Let's suppose I write a book, (invent a gizmo) a miracle happens, and I get a movie deal (or a manufacturing deal). Can I walk into a real estate title search agency to check on liens and claims ...
3
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3answers
614 views

Should I use patents or copyright law to protect my ideas?

I have seen that Google has some patents on their Toolbar, and also has some copyrighted software. Which is a better option to protect an idea? Can I copyright my own Open Source project? Personally, ...
4
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1answer
548 views

Finding design or utility patent

Few months ago, an idea went over my head. After some thinking, I though I had first to do a search over the internet to see if my idea already existed. And it existed. I found out that there is a ...
4
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1answer
220 views

What is the difference between a US copyright and US patent?

Assume I create a "Swiss knife widget v1." Do I own a "copyright" on the widget? What does a copyright protect? Assuming I do have a copyright on the widget, if another company copies my widget ...
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2answers
9k views

Protecting a User Interface: Design Patent and/or Copyright

I have been reading that it is possible to file Design Patent(s) and Copyright applications on top of non-provisional utility filings. To my understanding (I am an engineer so please bear with me :) ...
4
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2answers
1k views

Can I copy texts from other applications into my application?

I'm a "micro entity" and I'm considering patenting my idea myself. I know that the language of the patent application is very special, eg. no limiting language should be used. In some patent ...
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0answers
50 views

Can I use these images for a college publication? [duplicate]

I am a photo editor for a campus magazine. I am wondering about the use of publishing some of the images on 2008/0210728. It's about a solar backpack patent. Is this legal for a university to use? Are ...
4
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1answer
210 views

Making a game with patent art graphics

I'm considering making a game that uses patent illustrations (from Context-Free Patent Art) as graphics. I've read the answers to Are text and images in the patent copyrighted?, which suggests that if ...
4
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1answer
139 views

Registering Patent, Can a way of doing things be registered as patent or copyrighted?

I'm working on a method of user authentication. I Googled the whole web, different places like Wikipedia, and some science journals and didn't find the strategy I'm using. Can my strategy be ...
2
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1answer
890 views

Must one issue a warning before suing for patent infringment?

If I make some software and start selling it, and then someone who has a patent on a central idea in my software discovers this, would they have to provide me a warning to remove my product from the ...
2
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2answers
712 views

Does “Vessel Hull Design Protection Act” protects any kind of object of design?

I would like to know if any kind of object of design can be protected by the Vessel Hull Design Protection Act, or if it is just to vessel hull objects.
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2answers
1k views

Can software or a block of code under the GPL or a similar license be patented?

Regarding software, can an application or block of code licensed under the GPL (pre version 3), or a similar license requiring the source to be made available under the terms of the license after ...
35
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7answers
16k views

Are text and images in the patent copyrighted?

Sometimes, during a patent research, I found patents which comprise one or more similar images and/or text paragraphs. Are text and images in the patent copyrighted? Does any 3rd party, other than ...

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