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Questions tagged [disclosure]

For questions relating to the requirements for specification, sufficiency, enablement and rules.

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Information Disclosure Statement

When filing a USPTO utility patent, one files a Form sb008a and sb008b: a list of other patents and non patent literature. THOUGHTS I understand one can not patent something that has been ...
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Emailing Patent Drafts to Attorney

Assuming attorney client privilege has been established, what concerns are there if patent drafting communications are sent via g-mail (discussions, patent drafts, trade secrets, patent claims , ...
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Combination of dependent claims

According to decision T 1857/07 (2.4.2) of the EPO boards of appeal, a combination of dependent claims (e.g. 2 and 3) that are both/all dependent on the same independent claim but not each other is ...
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At what point do conversations become prior art?

Is a conversation between two colleagues or a group in a lab meeting considered prior art? Neither are in a public forum. Is there an assumption of confidentiality?
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Labeling Patent Applications to avoid disclosure

I plan to have either an attorney or patent agent review a patent application. I would like to avoid any pitfalls regarding patent information disclosure that would jeopardize the patent application. ...
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Appropriate Level of detail to describe patents process and invention

BACKGROUND An American novel invention features a new industrial measurement process and is implemented by configuring COTS (commercial off the shelf) computers and COTS software to measure and ...
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If i publish my invention before i get a patent do i have a year to get a patent before i lose my rights?

We have a first to file system but as im learning someone can still knock your patent out if they can prove they had and worked on the idea longer. So this seem like it pushed you to disclose early. I ...
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How should existing software products be described in an IDS, if at all?

In an IDS for a software/computer-implemented method application, how should existing software products be documented, if at all, when the software products in question have a subset of functions of ...
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Common Disclosures for multiple applications?

We are a lean startup and looking out for ways to define our patent strategy. Is it possible to file multiple applications, each application with invention-focussed modifications to the specification ...
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method patent: sub-method dependency

Suppose a method patent that consists of: step A, step B, step C, step D We're disclosing how to perform each step. Step C involves performing a sub-method to perform step C. This step C can be ...
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Is it possible that i will disclose my idea through searching existing patents or using search engines?

Some ideas are very specific and i am wondering if just the search itself for an idea (i.e. internet search engine or Google Patent Search) would potentially disclose to others the idea? Would ...
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Would providing a sample put in jeopardy my patent pending?

I have a patent pending method dealing with data compression and encryption. At the moment, I am attempting talks with various companies in the technology sector. But due to difficulties in even ...
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1answer
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Options for submitting prior art on a patent application after the 6 month window passed?

There's a patent application close to issuance for an "invention" we have significant pieces of prior art for, but the time allowed for third party submissions under 35 U.S.C. 122(e) has passed. MPEP ...
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Can I file in france if I file a Provisional in the US and then publicly disclose prior to filing in France?

I understand France is an absolute novelty country that would prohibit a patent being issued if it were disclosed publicly prior to the filing date in France. Filing a Provisional Patent Application ...
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Is it possible to obtain a patent on a technology I am already selling?

As part of software product I needed a software utility (library) that I could not find so I built it from scratch. I think it is unique and has some value and for sure I want to protect it. Since it ...
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1answer
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Features not disclosed in provisional application priority date

Am I correct that: Should you claim priority from a provisional application and you disclose features in the subsequent non-provisional application (which claims priority from the provisional ...
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1answer
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Recording a phone conversation about patentable things

On one hand, I want to conversate about useful fresh future ideas with people that have the power to patent those pleasant premises. On the other hand, given the messed-up weirdness of IP law, I want ...
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1answer
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Examples and guidance for algorithms and procedures

Where can I find examples and guidance on drafting an algorithm? This is not for patenting the algorithm as such, which I believe must be attached to hardware. This has more to do with the procedure ...
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Are “Patent application” valid patents?

Please confirm if I do read this correctly. You can fill a patent for a product design and get this granted or not. When the patent is granted you can find that back on Lens.org with the notification ...
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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 ...
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Confidentiality in patents

I'm confused about this: "Confidentiality has been a key strategy for Microsoft" From an article about Microsoft patents and Android. Link: http://arstechnica.com/gadgets/2015/02/microsoft-and-...
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Do I need NDA when talking to a patent professional?

when talking to a patent professional do I need her to sign NDA or non-disclosure is implied?
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Sufficiency of disclosure for untested invention?

AFAIK, the patent application must disclose enough so that an average person in the art can understand how to make the same thing. The question is, does it apply to the invention or apply to the ...
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297 views

Patent application as defensive disclosure

Is filing a patent effective as defensive disclosure if the the patent is not granted? Any application is published after 18 months (except publication delay request) or if the patent doesn't pass a ...
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Is it better to not to publish untill the patent is granted?

I have noticed that start-up companies that filed patent applications tend to not to publish them before the patent is granted. This can have business strategy motivations and it would be off topic to ...
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“Undue experimentation” - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?

The majority of the patents I've looked at read to me as outlines of research projects rather than detailed descriptions of how to make something. (I am a person of ordinary skill in the art; I have a ...
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1answer
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Can I discuss my idea with experts?

I have many ideas in the past... and I've failed many of them. But I have a newer idea that believe could hold some value, would rather take an experts opinion on the idea to disprove it or find what ...
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who is the of author of CN 101463502 B?

who is the author of the patent number CN 101463502 B## Heading ## entitled Pineapple leaf fiber biochemical degumming technique?
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Can I file a patent after publishing as part of collaborative public content?

I have been considering a wikipedia style system for code (software), and am trying to figure out what the patent implications are. Aside from the risk of accidentally violating someone else's patent (...
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3answers
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How can you reveal your product to the masses while still protecting your idea?

There are sites like kickstarter which allow you to demo/display/show off your product with hopes that these viewers will help you and invest/donate capital. How can I raise capital on an idea without ...