Questions tagged [law]

Questions about patent laws and their implementation

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1answer
39 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 ...
0
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3answers
43 views

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 ...
3
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1answer
786 views

If a patent claims a method, is a subset of the method's steps also covered?

Assume there is a patent that has a claim for a method, the method comprising 5 steps: Step 1 Step 2 Step 3 Step 4 Step 5 Two questions: If I drop Step 5 and use a method consisting of Steps 1 ...
1
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3answers
72 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 ...
3
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2answers
20k 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 ...
11
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2answers
21k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
0
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0answers
14 views

Sharing and uploading full-text patents [duplicate]

I am the inventor of a European patent. Am I allowed to share the full-text (PDF) of such patent and to upload it online, for example on ResearchGate.net? Or does the patent have some sort of ...
0
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1answer
34 views

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 ...
1
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2answers
56 views

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 ...
1
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2answers
81 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?
1
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2answers
40 views

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 ...
3
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1answer
46 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 ...
5
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2answers
201 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 ...
9
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2answers
842 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 ...
1
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1answer
71 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 ...
3
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3answers
6k views

How best to patent idea while working for company?

I have an idea I would like to patent. I have not started working on the idea yet (and I'll swear to that in court). How best to keep my job without losing my intellectual property rights? The idea ...
-1
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1answer
39 views

Is it legal to download a picture from clients device to company computers?

In reference to the patent: US9396354
3
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1answer
45 views

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 ...
0
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1answer
92 views

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 ...
1
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2answers
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 ...
4
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2answers
374 views

How does one start patenting an idea in the United States?

I have an idea to do with visual projection systems. I'm not versed on the subject but I am technically inclined (I study computer science and engineering). How would I go about obtaining a patent for ...
2
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1answer
159 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 ...
1
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2answers
152 views

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 ...
1
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1answer
114 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 ...
51
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9answers
8k views

Can a YouTube video be submitted as prior art?

I'm trying to determine whether there is evidence that definitively confirms that a YouTube video can be submitted as prior art. If there is an example of one being used as the grounds for rejecting ...
2
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2answers
76 views

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?
8
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1answer
290 views

How rigorous are examiners

A business competitor is claiming "patent pending" on a product I know they did not originally create. The product is manufactured by us, the competitor in question, as well as at least 15 other ...
4
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2answers
3k views

How to use expired patents when designing a product?

Patent 5,636,276 will be expiring in 2015, assuming my math is correct. The patent, which covers distributing music digitally, has been used very effectively to get royalties from many companies, ...
1
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1answer
68 views

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?
4
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4answers
379 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. ...
0
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1answer
105 views

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

In reference to the patent: US20130223070
0
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1answer
75 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 ...
1
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0answers
120 views

What is the formal structure to write a patent request?

I need to write a patent request, is there any formal structure to follow? My patent aimed on a programming script for a new security method.
0
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1answer
56 views

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?
2
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1answer
156 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 ...
0
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1answer
30 views

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."
2
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1answer
71 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, ...
3
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1answer
85 views

“On a computer”?

In reference to the patent: US 6,368,268 Wouldn't the Alice decision render this patent invalid and unenforceable?
2
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2answers
127 views

How does one start patenting an idea in India?

I have an invention to do with Mobile cloud services. I'm not versed on the subject but I am technically inclined (I study computer engineering). How would I go about obtaining a patent for my ...
0
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2answers
117 views

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?
2
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2answers
59 views

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 ...
2
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2answers
51 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 ...
2
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2answers
4k views

Should I keep my patent's ownership or assign it to an entity that I own?

I am filing a pro se patent application and am wondering whether it is a good idea to assign it to an LLC that I own or to just keep it under my name. I'm assuming here for this question that it will ...
2
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0answers
34 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 ...
16
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5answers
2k views

Does looking at prior art searches pose a risk for engineers?

Due to triple damage provisions of patent law, for knowingly violating a patent, many companies bar engineers from visiting the USPTO site or looking at any patents. Do these sites which help with ...
2
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1answer
177 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 ...
3
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1answer
160 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 ...
7
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3answers
421 views

Are there any advantages to making your first filing in one country vs. another?

Is it always better to file a patent in United States first before extending it to other countries? What if we do the reverse: file patent in a small country then only extend it to the United States. ...
23
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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 ...