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Questions tagged [invalidation]

Invalidating a patent that has already been granted

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Validity / Invalidity of patent : How to approach from the beginning to end

I am here to find out the what exactly step take in order to invalidate a patent. I went through many of the articles but I got confused , is it ok to cite the family patent in invalidation if the ...
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1answer
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Options for EPO post-grant challenges?

In the US, there are at least two USPTO proceedings that can be filed by third parties against invalid or unduly broad patents (e.g., in light of prior art not considered during prosecution): Ex ...
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3answers
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Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

In a concrete example, the patent application describes a particular method and, as part of the enabling disclosure, reports certain detector readings as confirmation of the expected outcome i.e. ...
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1answer
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Do Protests make Third Party Submissions redundant?

Basically, are third party submissions (35 U.S.C. 122(e)) a proper subset of protests (37 CFR 1.291) in terms of what evidence and arguments can be presented? I have the opportunity to file a protest ...
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How can you get a patent 3+ years after publicly selling it? Accelerated application rejecting CIP?

In reference to the patent: US7189025 Cross reference the Trademark TopMark held by Flint trading first used in 2003. Then a patent was filed by same company in 2006 claiming to patent "homogeneous ...
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1answer
37 views

Is the balancing patent for wheelchairs from DEKA righteous?

During a market research, I found the patent EP1512055B1 from 2002. It protects a control-based balancing strategy for wheelchairs in a quite general way. However I know also about the published paper ...
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Is US8433843 invalid?

In reference to the patent: US8433843 I'm convinced this patent is invalid. This patent, in summary, is: The idea of combining wear leveling with a secure erase in the write step. Various claims ...
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1answer
145 views

How was this patent even granted?

In reference to the patent: US20160332236 Several published articles of previous work into AM of cutting tools existed long before the application of this patent was even thought of. The "inventor" ...
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72 views

Termination of patent right or utility model

I was looking up some prior art that reads, "Termination of patent right or utility model", in the LEGAL EVENT notice on the patent document. what does this mean? why would/could it say this?
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1answer
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Can Patent A be considered as a prior art over Patent B with a priority date before the filing date of Patent B?

We have: Patent A, filed Nov. 29, 2006 in the US, claimed the benefit of a DE application, filed Feb. 02, 2006,(there is a PCT application filed Nov. 29, 2006 with the publication date Aug. 30, 2007, ...
4
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1answer
111 views

Scientifically invalid patents

This is going to be a weird question. I am an academic researcher. In my field there has been a key topic whose "accepted" solution has been known not to work since 1962. Nobody had been able to ...
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1answer
103 views

Can a patent that cannot work be considered prior art?

I spent four years developing a patent-able idea, but there already is a U.S. patent that claims to produce exactly the same result but has a critical flaw that renders it inoperable. Any person ...
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Are these patents unreasonably broad? US20130158984A1, US20130151240A1, US20130198196A1

There's a patent that's been granted and now owned by LinkedIn, that appears to cover any and all permutations of a computer automatically validating something. Patents US20130158984A1, ...
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2answers
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Air Freshener Dispenser Lid; D 641, 464

Any information, prior to 2011, which may invalidate this design patent: D 641 464; Title: Air Freshener Dispenser Lid In addition to Air Freshener lids, possibly jar lids, wheel stencils, shower ...
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1answer
107 views

How do I collaborate with a company who may have a provisional on my idea?

I'm trying to get a company to licence my idea, however, they claim that they already have a similar idea but that they could potentially find improvements/best practises to their idea from ...
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1answer
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Use of HFC-134a as a propellant

In reference to the patent: US 7,174,856 B2 Will this patent become invalidated or need revision based on the SNAP law in effect mid-2016?
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1answer
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“On a computer”?

In reference to the patent: US 6,368,268 Wouldn't the Alice decision render this patent invalid and unenforceable?
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1answer
51 views

Patent application intellectual property rights

In reference to the patent: US7305928 I filed for this work on 6/10/2005. (I can provide the complete package filed.) The examiner did not like my format, so I paid an attorney to refile, on 4/5/07....
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1answer
74 views

My old patented invention appears to be patented again

In reference to the patent: US 8,384,613 What one has to do, if this patent is not new and just gives the same idea patented in 1990? I would be grateful on an answer.
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2answers
706 views

Dependent claim from invalid independent claim

I'm following an Inter Partes Review where the petitioner is trying to invalidate every independent claim of a patent based on prior art. If this is successful, some dependent claims will remain. ...
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how to check the priority date of the patent?

IF I need to invalidate the patent that is CIP.Taking priority from CIP->CIP->DP->CP->Parent.
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0answers
133 views

How to get a patent invalidated?

Recently while I was writing up a patent, I discovered that another person has written a patent that is so badly and vaguely worded that it could be used to cover my invention. Whereas I offer clear ...
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2answers
1k views

Call for Prior Art US Patent 7,888,125 (Theranos) Duke v. Stanford

Call for prior art: Can you find better art for this patent that claims novelty based on a comparison of device output with a known constant? U.S. Patent No. 7,888,125 (Theranos) Filed March 24, ...
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Can a person apply for a patent - and not let other contributors know he is applying?

We have a situation where 3 people worked on an idea. We suspect that one of the people may have applied for a patent without informing or acknowledging the contributions of the others. I am a newbie ...
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1answer
399 views

US20100332310 - Location Based System & Method for Issuing Prizes on Mobile Devices - Patent Application - PRIOR ART REQUEST

Others have delivered mobile advertising using geolocation since before the patent us20100332310 was filed in Jun 25, 2009. Have you seen prior art before Jun 25,2009? Systems and methods for ...
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2answers
311 views

Penalties for errors in patents

If I go to the DMV and try to register a car that doesn't belong to me, or if I enter into a contract under fraudulent assumptions, I could be criminally or civilly liable. I am not free to make false ...
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1answer
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In U.S. patent law, are things that are inherently dangerous, illegal, hurting the planet, or “immoral” nonetheless patentable?

Is it clear that no patent should be granted for somthing illegal or dangerous eg a Safe that's a Bomb? Some people think GMO crops hurt the planet in a way that is dangerous to the survival of ...
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1answer
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Is this patent strong?- Novelty video device and method - 8011122

Is patent US 8011122 B2, a Novelty Video Device and Method, valid or could this patent be easily circumvented? To my understanding the underlying components and software could be completely ...
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1answer
179 views

If a medicine is listed in an ancient book, can it still be patented?

I have seen many patents related to use of herbs in medicines, like some homemade remedy for cough syrup etc. A large number of such remedies are already listed in many ancient medical books, one ...
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1answer
785 views

Patent Invalidation in part or totally

If a Patent claims more than one "Item", say Item A, Item B, Item C etc... and if it can be proved that say Item A, has been offered and sold to a commercial entity, can the Patent be invalidated in ...
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2answers
190 views

Is this prior art for “Reiki ornament” (US D663234 S1)?

I came across this design patent in Google: "Reiki ornament" (US D663234 S1) And I realized it describes a design that is very similar to this artifact, which is on display at a Tibetan museum. Can ...
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2answers
553 views

How to tell if the 6,754,400 patent has been deemed invalid?

I am curious if the US Patent Office has ruled on whether or not this patent is even valid. There was a patent dispute supposedly filed by the International Virtual Tour Photography Association (http:...
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1answer
187 views

How is US5693489 patent different from US4952496?

From what I can tell, the language in these patents are exactly same with the exception of the degree of detail outlined in the claims. Claim 1, 1a, and 1b of US5693489 appear to re-phrasing claims 12,...
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2answers
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How does a (possible) dispute over inventors affect a patent?

The situation: After I left a particular company, they applied for a patent on something I had worked on, and contacted me to sign the application. Although I consider myself to be the primary and ...
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3answers
483 views

Can forum/wiki postings invalidate a patent that was granted at a later date?

I have lots of ideas and, not expecting them to be unique or profitable (or knowing how to profit from them), I discuss them online, expecting the information to be helpful to others or expecting ...
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2answers
1k views

Here is what I see as an invalid patent. US6563040

I demonstrated a solar tracking mount I built at a Renewable Energy Fair, MREA Midwest Renewable Energy Association. in Custer. Wisconsin. Several thousand people saw it on or about June 21st 2001. A ...
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Does prior art need to cover all claims in a patent application in order to invalidate it?

If there are several Claims in a patent application, can prior art for one of them invalidate the entire patent application since all the other claims are dependent claims? Or does that just mean the ...
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2answers
2k views

Can we not invalidate older patents? - i.e. World Inc vs Blizzard Entertainment

I saw down below where someone was asking how long we have to invalidate or send in a submission of a patent up to 6 months after it is published. Does that mean that 3rd parties can not go back and ...