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Questions tagged [law]

Questions about patent laws and their implementation

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9 votes
2 answers

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My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions?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 ...
user avatar
9 votes
2 answers

Over time, which patent legislation applies, current or past?

Let's imagine a patent is filed in 2003 and later approved by the USPTO. Let's imagine someone wants to challenge it with valid prior art (year 2000 for example). Which legislation applies? The one ...
Jérôme Verstrynge's user avatar
22 votes
4 answers

What does "patent pending" mean?

After reading an answer to this question, I realized how often I see the term used in marketing. What kind of security level does a pending patent give you? Why do so many companies use them? And ...
Jerzmacow's user avatar
  • 331
11 votes
2 answers

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 ...
Googlebot's user avatar
  • 263
11 votes
3 answers

If a patent has been issued, can it still be invalidated by prior art?

Assuming the invention disclosed in a patent issued by the USPTO has been described in a book two years before it was submitted, can this patent still be invalidated by this prior art? If yes what is ...
Jérôme Verstrynge's user avatar
8 votes
2 answers

Can software be patented after being made public?

Let's say I made software initially publicly available, but some time in the future I decided I wish to patent it. Could I? Is there any time limit on how long after making software publicly available ...
ahenderson's user avatar
7 votes
3 answers

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. ...
cometta's user avatar
  • 175
6 votes
1 answer

Can some explain "inter partes review" and "ex parte reexamination"?

Can someone explain what "inter partes review" and "ex parte reexamination" are when challenging patents with prior art?
Jérôme Verstrynge's user avatar
6 votes
1 answer

SHIELD Act progress

I had recently heard about the SHIELD act that was meant to help curb the lawsuits initiated by patent trolls, particularly those that are highly unlikely to succeed. I haven't seen any newer posts ...
aed's user avatar
  • 460
4 votes
2 answers

What is functional claiming, and how does it affect the interpretation of a claim?

I've seen the term, and it seems to influence how claims are interpreted, but most of what I've read on the subject (IANAL!) rapidly gets confusing. Can anyone provide a good definition of what it is ...
carmogy's user avatar
  • 281
4 votes
2 answers

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 ...
Cliff's user avatar
  • 41
2 votes
2 answers

Expiration date of US5597520 [duplicate]

Can 3DSystems sue Formlabs over US Patent 5597520? If it was issued in 1997, wouldn't it have expired in 2007?
Dave Menninger's user avatar
1 vote
2 answers

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
  • 113
0 votes
1 answer

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