Questions tagged [law]

Questions about patent laws and their implementation

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PATENT PRODUCT IN THE US CAN I SELL THE SAME IDEA IN THE UK?

I recently had a great idea and sadly I found out there’s a company in the US that produces and sells the same product and they hold a patent design … I know patent laws are territorial so I’m not ...
user28359's user avatar
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does the patent examiner not have discretion over how many office actions or examiner's reports after October 3rd, 2022 in Canada?

So does the patent examiner not have discretion over how many office actions or examiner's reports after October 3rd, 2022 or is this table-misleading? https://mcmillan.ca/insights/forecast-2022-...
Coo's user avatar
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2 answers
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Is it legal for a patent owner to disallow use of technology?

Assume a patent owner disallows use of some patented technology by some company. Or business conditions of usage setted by the owner are unbearable for the company. Also the patented technology is not ...
Евгений Павлов's user avatar
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Patenting computer software/method that uses public domain aspects

Is it possible to patent or maybe copyright a process of protecting say a file format as a software utility patent, or another type of patent if it uses free domain technology? The main hurdle I am ...
ABC's user avatar
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3 answers
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I created an object that I never patented but someone else did I don't know

I created an object but never got around to patent it. I mailed the drawings and all my design ideas to myself to protect the right of later patenting it. I still have that mailing unopened in my ...
Christina's user avatar
2 votes
1 answer
49 views

Is amending an independent claim in an amendment fully responsive to dependent claim rejections?

As in the title, if an examiner rejects claims 1 and 2, with claim 2 being dependent on claim 1, would amending only claim 1 be fully responsive to the office action? For example, Claim 1: A Z ...
onefanfare's user avatar
1 vote
3 answers
96 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 ...
Cameron Tacklind's user avatar
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1 answer
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How to deal with patents that others hold?

I am an aspiring inventor and in the best case scenario I will be developing smartphones but something that is a huge hurdle for me are the patents that other people hold. I mean one company patented ...
user9391457's user avatar
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2 answers
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Can a patent make you stop selling your product?

You invented, build, and a product (like a Personal Cooling Unit a devise you wear over your close to keep cool). You have records and receipts of your sales, published pictures, online catalogs, and ...
Muze's user avatar
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1 vote
2 answers
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I would like to know who owns us4106454a

My father the inventor was "legally" removed from his invention with a contract he signed stating that there was to be a board created. It was a rotating board that had my father start out as ...
Wayne Henlis's user avatar
1 vote
1 answer
122 views

Are an electronic circuit/schematics patentable there are lawsuits or literature about?

My name is Diego Camilo Peña Ramírez, i'm employee in the patent office in Colombia and we are looking for information about patentability in electronic circuits, more specifically about the ...
Diego Camilo Peña Ramirez's user avatar
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1 answer
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Is it legal to download a picture from clients device to company computers?

In reference to the patent: US9396354
Anonymous896745's user avatar
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1 answer
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A patent have nationality?

I mean if I patented something for example in the United States, then my invention could be said to be American? Something like "the airplane was patented in USA so now the airplane is American and ...
halohalo lalalo's user avatar
2 votes
1 answer
174 views

US patent application based on the contents of Chinese patent applications

I have some patent questions related to several Chinese patent applications, which belong to my company (US company) and a Chinese company. I asked the Chinese company with my company to file a US ...
John's user avatar
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2 votes
1 answer
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Can terms and conditions trump patent awards?

I am about to apply for a patent with regard to a specific type of interaction between website users. My website has been developed to allow Facebook logins for users (but not implemented yet), but I ...
BaldBanana's user avatar
1 vote
2 answers
86 views

Use of Patent outside the USA

In reference to the patent: US5727352 Is there penalties for a business using the ideas presented in this patent, in a country outside of the USA?
Dane's user avatar
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What is the best strategy to avoid patent tyranny?

We are a non-profit and considering releasing software and devices for self medical diagnostics. Doing a quick patent search, we found that the software and devices we would be distributing are ...
0tyranny0poverty's user avatar
1 vote
1 answer
127 views

What is the effect of a US patent in Brazil?

I would like some help in regards to patent number US 20020187719 A1/ US6666740. I would like to manufacture something similar in Brazil, but don't want to infringe any patents. That is why I'd like ...
Gabinz's user avatar
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2 answers
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Does a patented product have to be produced to be enforced?

In reference to the patent: US20080229509 Is there a date where the product would have to be on the market or otherwise they would lose their entitlement to the patent?
user18903's user avatar
9 votes
2 answers
952 views

Repatenting someone else's dropped provisionals

My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions? And how ...
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1 answer
159 views

Can a product patented in US be manufactured in India

If a product in patented in USA but not in India, can we manufacture the same product in India. If we can manufacture then What could be the implications? Because India and USA both comes under ...
Vipul Jain's user avatar
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1 answer
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Can I apply for design patent whilst I have a utility application pending?

I have filed an application for a utility patent. Can I also file for a design patent as a plan B should the application be denied?
gooodles's user avatar
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1 answer
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What happens when you make a spelling error in a dependent claim?

In reference to the patent: US8325025. Claim 19: "qeo-fence" supposed to be "geo-fence."
Matt's user avatar
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1 answer
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Combining patented products

I have found 4 patented products combined together created a cream that has amazing results on burns and non-specific skin conditions. Am I able to patent my product?
B. Gemler's user avatar
2 votes
1 answer
51 views

Name of the Procedure to transfer 3rd party patent rights to myself

My company's former contractor stole confidental information from me and filed a patent for it. I had filed a patent for the same invention but few months before him. USPTO issued final rejection ...
Miko Filppula's user avatar
2 votes
1 answer
92 views

Is it always okay to market a product that was patented 20+ years ago?

My understanding of the system under US patent law is that after 20 years, the patented process or device can be freely produced and sold by anyone. Is this always true? Is it legally safe to, say, ...
sig_seg_v's user avatar
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2 answers
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What is the significance of this reference to patent law?

In reference to the patent: US8280641 The http://www.fractogene.com page alludes to the U.S.C. 2163.07(b) Incorporation by Reference. What is the significance of this reference to patent law?
Ricky M.'s user avatar
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1 answer
112 views

Which countries does this patent cover? Is it possible to design around it?

In reference to the patent: US20130223070
Ritesh's user avatar
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2 answers
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If I modify device which I bought for use in my company will that be infringement?

Device which I bought is design to work in 100 mm pipe. I modified this device to be able to work in 300 mm pipe. I have made meager modifications to it. I added wheels base to increase it size and ...
Mariusz Wojtowicz's user avatar
1 vote
2 answers
2k views

What happens if I don't pay the issue fee?

Does the patent become abandoned? If yes, can I revive it? Under what conditions? Is it any different if I didn't pay the maintenance fee? Do I get any protection from such a patent? Is the ...
ciamej's user avatar
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2 votes
0 answers
36 views

Lost a digital copy of patent specification

I filed the National phase application on 29th Oct 2014 and PCT application on 14th Oct 2015. I lost a flash drive which contained the soft-copy of patent specification (everything related to the ...
Swapnil Jagtap's user avatar
2 votes
1 answer
199 views

Ph.D student to file a patent without any contribution of the uni

I'm a Ph.D. student, and recently in my research I came up with an algorithm that would save the use of multiple transmitters to one transmitter. My co-supervisor believes it's a patent and he wants ...
Diana's user avatar
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2 votes
1 answer
171 views

Cost to draft and file patent application in the U.S.?

I'm a non-american individual who wants to apply for patent in USA. My invention is related to energy generation. How much will it cost? Why is working with a patent attorney so expensive? Will ...
Arulx Z's user avatar
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3 votes
4 answers
434 views

Can I use an invention that has not been granted a patent?

What I'm trying to do is to use a technology or "invention" for my own invention. In other words I want to use that technology for my own purpose and invention to get completely different results. ...
Jose Lopez's user avatar
4 votes
2 answers
205 views

How can I protect my invention after applying for a patent?

I have developed a new device used in automobiles and applied for a patent (as personal, not from a company). After producing commercially and releasing into the market, what may I do if someone ...
venkat's user avatar
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3 votes
1 answer
86 views

"On a computer"?

In reference to the patent: US 6,368,268 Wouldn't the Alice decision render this patent invalid and unenforceable?
DFF's user avatar
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2 votes
2 answers
55 views

transfer of patents

What happens if Company A has acquired Company B, during which the patents need to be assigned from Company A to Company B. The signature for this assignment for both the companies has been done by ...
avi's user avatar
  • 21
3 votes
1 answer
259 views

What patents do I need to buy or lease to make and sell an electric guitar to the public?

I want to make and sell my own electric guitars. However, I have not invented the instrument, nor was I the inventor of any of the major advances in the field. However, I have some changes (mostly ...
OneFabric's user avatar
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1 vote
0 answers
9 views

Hello, I was wondering if this means i can't have a magnet holding a hook in place on a lure? also, when does this patent expire? [duplicate]

In reference to the patent: US2831289
Carlos De La Fuente's user avatar
1 vote
2 answers
124 views

What is the procedure to use the patent as a reference for our presentation in a conference?

In reference to the patent: US20110209929
Jijo's user avatar
  • 11
3 votes
2 answers
27k views

Can I produce and sell an already patented product?

Let's say that I had an idea, which I soon turned into reality but then discovered that it is patented already... So the question is: Can I still legally sell my product although it is patented by ...
Nick's user avatar
  • 31
1 vote
0 answers
9 views

End of patent Self Cleaning condenser [duplicate]

In reference to the patent: WO2006045047A1 When does this patent stop, or comes free?
Marco Niessink's user avatar
3 votes
1 answer
212 views

What is the difference between Patent agent and Patent lawyer?

I understand that agent doesn't have a law degree, but can she represent the inventor? I am writing my patent application by myself but want a professional to look it over and make corrections, ...
Pol99's user avatar
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3 votes
1 answer
152 views

What does "discretionary inquiry" mean?

What is the meaning of "simple discretionary inquiry" in supreme court opinion: Finally, the Court rejected the appellate court’s “clear and convincing evidence” standard that successful patent ...
john's user avatar
  • 410
3 votes
3 answers
304 views

Finding prior art rejects an independent claim

Suppose I find a patent (A1) with claims 1, 2 and 3. Claim 2 is dependent from claim 1. If I find a prior reference that rejects claim 1. What happens with claim 2? Is still valid? Should they ...
llrs's user avatar
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1 vote
1 answer
60 views

Application refused

Can someone else copy, use and sell or import the subject-matter contained in la refused app? Is a refused app part of prior art?
user7617's user avatar
1 vote
1 answer
161 views

Can I buy and use a patented technology without incurring in troubles?

We are a new start-up team based in Europe and have few or none knowledge on usage of patents and patented technology. We designed a chemical process that includes buying and using a patented ...
Andrea G.'s user avatar
1 vote
2 answers
545 views

I had an idea for a patent, told a select few and then saw my idea on the US patent site

I had an idea for a patent and I reached out to a friend and put me in touch with a patent lawyer to discuss with the patentability of the concept. He advised that it would cost a lot of money to file ...
AFD's user avatar
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1 vote
1 answer
124 views

Why Are There STILL 5,303 Overlaps for A Patent?

I asked this question of a patent attorney, but never got a great response - I heard that great NPR show about patents (referenced by Joel on a podcast) and had this question: For this patent: http:/...
aronchick's user avatar
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2 votes
1 answer
125 views

Is a patented European product able to be produced in US?

I came across a product that is solid almost exclusively in Europe with no reach or patenting in the USA. Am I able to pursue production and sale of this product in the USA? Do European patents apply ...
Joey Toole's user avatar