Questions tagged [disclosure]

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

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What are the consequences of demonstrating an invention in public before applying for a patent?

What are the consequences of demonstrating an invention in public before applying for a patent? Let's say I have a hypothetical invention. Let's assume it's a valid invention and it is clear of any ...
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Questions about derivative process and abusive disclosure

So I recently filed a provisional application for an IP that is a process attached with extreme significance in bioinformatics - a data analysis process that can be used to make a health service 1/...
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Foreign filing of a U.S. based patent before PCT or disclosure

So if I had a U.S. provisional or non-provisional that wasn’t yet published, disclosed in any way, and was not yet filed as a PCT is there anything stopping a foreign country from doing so? Say in the ...
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Is it possible to patent something that was disclosed in a priority application?

I disclosed a feature in a priority application 2 years ago but it was not included in my finally pursued application. Now the priority and the pursued application have been published. Is it possible ...
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How to respond to Australian subsection 40(3) objection

In Australia, how does one usually deal with an objection that a claim lacks support under subsection 40(3). Say I am claiming a kettle with a specific type of heating filament. The claim has been ...
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Is it a good idea to publish the white paper describing the technology right after filing patent application?

I will publish patent application and I want to share my invention with others right after that. I want to see if there will be any interest from investors. Are there any dangers associated with such ...
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Is it possible to file for patents in Australia within 1 year of US patent publication?

Like the US, Australia has a 1 year period after public disclosure during which we can still obtain a patent. I have filed in the US, and the patent was published at the 18 month mark. There were no ...
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Is our own patent application, which is filed in grace period, consider as grace period disclousure?

I filled two application 3 month apart and the first application is published before the second one's application date. My first application is classifed as "X" in the search report of the ...
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Can independent 3rd party disclosures created during grace period after inventor disclosure be used against inventors after the grace period?

I understand that the AIA considers prior art (among other states of publication/use not relevant here) anything that is greater than 12 months from the date of inventor's disclosure. I understand ...
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Is it possible for patents to have trade secrets?

Is it possible to omit miscellanous or detailed mechanisms which directly depend on the main mechanism of an invention from a patent. e.g. say A is the main mechanism for an invention, B mechanism ...
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What happens if non-disclosed subject matter is granted in the US?

In Europe, a limitation in a granted patent that is later found not to have been disclosed in the original application leads to the revocation of the respective claim(s) (art. 123 (2) and (3) EPC). ...
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Is registering for an invention fair considered as public disclosure?

if a person sends a summary of an invention to an invention fair for primary registration before patenting the invention, this will be considered as a subject of public disclosure? If it is so, it ...
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Retaining inventorship of abandoned provisional patent of India (even if rights are foregone)

I have a provisional patent regarding an electronic device (with outline of software black boxes as software alone cannot be patented in India). It is about to expire in sometime (12 month period). ...
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Do I have to disclose the infringement in the Information Disclosure Statement form?

Let's say, I filed my Provisional in Jan 2019. I disclosed my work to the public in Mar 2019. An infringer copied my disclosed work and released a product in Jun 2019. I'll file a non-provisional ...
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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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1 answer
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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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6 votes
2 answers
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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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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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3 votes
1 answer
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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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1 answer
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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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2 votes
1 answer
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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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1 answer
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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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2 votes
2 answers
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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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7 votes
2 answers
365 views

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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2 answers
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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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6 votes
2 answers
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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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6 votes
4 answers
377 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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3 votes
3 answers
2k views

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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1 vote
4 answers
320 views

"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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1 vote
1 answer
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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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4 votes
1 answer
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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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2 votes
3 answers
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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 ...
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