Questions tagged [law]

Questions about patent laws and their implementation

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1answer
121 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 ...
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0answers
9 views

End of patent Self Cleaning condenser [duplicate]

In reference to the patent: WO2006045047A1 When does this patent stop, or comes free?
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1answer
148 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 ...
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1answer
693 views

How can I use another company's product in my patent?

I am working on developing a very specific patent for the defence industry. My idea requires the use of a synthetic material only manufactured by one company. They will not sell the raw material to ...
3
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3answers
291 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 ...
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1answer
58 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?
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1answer
46 views

What is the reason of the structure change of U.S. applied patent during 1963-2011?

I am a college student, I want to know why there is a structure change of US applied patent around 1985? I have been analyzing all the datas of US applied patent from 1963-2011, then I found out ...
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1answer
361 views

General primer on what's patentable in the United States?

I know "it depends..." But what are some general principles on what is patentable and what isn't? I have various ideas, as do we all, some of them good, as do we all, but I don't want to keep running ...
2
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1answer
72 views

Gaining a copyright/Patent

Is it possible / legal to gain a copyright / patent over a somebody's else idea, changing / improving / altering something significantly?
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2answers
264 views

When does Patent 5,971,475 expire

Can anyone tell me when the 5971475 patent expires?
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2answers
345 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 ...
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3answers
1k views

Bottle Cap Necklace Patent

Even though Bottle Cap Necklaces have a patent, can individuals still make the item and sell it for profit legally? I have a friend who has started her own jewelry business and I would like to buy ...
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1answer
113 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:/...
2
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1answer
114 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 ...
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2answers
210 views

Patent US20120213665 NOT Good. Inventor not included - unpaid work delivered under coercion.

Beware. This patent is NOT GOOD. I am the inventor of the power failure protection for this application. Also, I invented the software flow. The assignor failed to pay me for my work, whatsoever, in ...
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1answer
79 views

Prosecuting someone under patent laws

So I have a question that I couldn't find an answer to. The question is as follows: Is it true that in order to be prosecuted under patent infringement laws, the patent holder has to show that the ...
2
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1answer
108 views

Handling ownership and patent initiation of intellectual property

I've been developing a software and am now bringing in additional people to the project, who want to work on it for a share of future profit. I founded a company (currently an LLC) to host this ...
2
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1answer
248 views

Making a patent number underage,

I have a friend that has invented an idea but he is under 18, So can he make a patent number on his name?
4
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2answers
481 views

Can one file a patent application amicus brief to protest granting of the patent?

If one were to have information concerning a patent application that would refute the claim of no prior art (goes to originality), is there a process and/or obligation to submit this information to ...
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3answers
253 views

Can I use the idea of a one handed shovel in my non-commercial project?

I want to make a one handed shovel for my college project. I have thought of substantial modifications from what has been described here. The idea has already been described in patent US646472. Will ...
2
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2answers
614 views

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?
3
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2answers
160 views

I'd like to make a digital watch with it's case similar to this one. How much different does my design need to be in order for it to be legal?

In regards to Patent USD637920, I'd like to make a digital watch with it's case similar to this one. How much different does my design need to be in order for it to be legal? Mine would be completly ...
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2answers
220 views

What is tricryption?

I'm reading though a patent that's part of a suit (I have a morbid curiosity at times). The patent is US 8402281, Data security system for a database. There's a sentence in the document that states: ...
2
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1answer
675 views

Duplicate Patents?

If you see patent 20110286205 and 20110237152 you see patents for a near identical product.. save for minor differences in text and images. Is this a nuisance patent to boost the ego of the authors ...
2
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1answer
235 views

What steps does a patent application follow?

Sorry for this extremely basic question, but it does not appear to be a duplicate. What states may a patent be in? How does it get from one state to the next? My understanding is the flow goes ...
3
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1answer
163 views

A patent specifies 'music', which is really 'packaged digital information', but how would a court interpret it?

Patent 5,636,276 describes a process for digitally distributing 'music' - it specifically uses that word. Does this mean that the patent applies exclusively to the distribution of music? Would it not ...
19
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4answers
636 views

Is there a way to achieve protections similar to “Copyleft” under the patent system?

I have heard about "Copyleft" and was wondering if there is an equivalent for works which fall under Patent law rather than Copyright law. Specifically, is there a way I ensure that someone cannot ...
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1answer
724 views

At what time is a patent enforceable?

I am faced at the moment with a potential US patent that might be enforceable in the future. It is currently undergoing a review process and the outcome is yet undetermined. I would like to know ...
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1answer
62 views

location aware ads us20130046636

Does this patent only cover the US or will it relate to similar systems worldwide? at what date will this current patent expire?
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1answer
117 views

Can a missed patent opportunity be made up

My grandfather created a mobile self-storage business in San Diego in the early 80s. Although the concept is very big now (like Door-to-Door), at the time he had not heard of anyone else doing ...
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6answers
2k views

Who is allowed to sue for patent infringement?

In the creation of the patent, you have two entities that are tied to it: the inventor and the assignee. Many times the patent inventor hands off the patent to a company as the assignee. Pertaining ...
3
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1answer
318 views

What are the major take-aways on the first-(inventor)-to-file rules that go into effect March 16, 2013?

The last and possibly most significant change to the U.S. patent system from the AIA goes into effect in less than a month. What will it mean for inventors and for prior art submitters?
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0answers
46 views

How Can an Inventor Create Good Strong Prior Art For the Future Without Filing Patent Applications? [duplicate]

A company has patentable inventions it is concerned about getting locked out of. They don’t want to file patents, necessarily, but they do want to create some good strong prior art that a) they can ...
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2answers
169 views

Is my patent still valid if someone appends minute changes to it?

If I invent some earth-shaking (not literally) device, and someone issues a competing patent that adds something that doesn't really change the function of the device all that much, is my original ...
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2answers
163 views

How to prevent the usage of my idea if the patent is rejected?

How do I protect my idea if my patent is rejected? The patent clerk has my idea now, and he can probably write one up... how do I deal with that?
3
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1answer
137 views

If the the SHIELD Act passes how will it impact the licensing and patent litigation worlds?

The SHIELD Act was reintroduced into Congress recently (this question previously addressed SHIELD), and I'm wondering if every single would be "licensee/defendant" instead of engaging in licensing ...
3
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1answer
883 views

Can XML/JSON structure formats be patented?

Is it possible to patent or trademark XML/JSON data structures? If Company A had a service that requested common data and Company B chose to use an identical structure for their clients, could Company ...
4
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2answers
330 views

D/285,860 and D/253,629 - These look like an ordinary skateboards

The two styles shown are standard skateboard shapes that have been around for decades (surfboard-shaped and "fishtail"). There's lots of varieties of both these shapes in production everywhere. The ...
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2answers
280 views

What constitues/definition of an inventor. Does it simply boil down to claims in a patent?

I have had a business partner for twenty years. We came together in my Business that he used as the birth of the IP in question. Listing himself on publications founder/owner with the exclusion of not ...
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2answers
272 views

Why is a list of patents often preceded with text like “covered by *one or more* of the following patents”?

Whenever I see a product containing a list of patents, the list is almost always preceded by text similar to the following (emphasis added): Covered by one or more of the following patents... Why ...
3
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1answer
167 views

Should I do a freedom to operate search if I suspect parts of my product infringe [US]?

Let's say I am building on a high-tech, novel product but that combines several techniques, components and/or innovations that I suspect may be patented (though those may have expired). I would like ...
2
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2answers
169 views

Is Jury Nullification valid in patent cases?

I was a bit puzzled by part of Newegg's patent case history: Remarkably, the judge overseeing the case ruled during trial that the jury wouldn't be allowed to make a decision about Newegg's ...
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4answers
1k views

Can a master's thesis be used as prior art?

I wrote software in 1973 under Federal grant for my MS. While studing at CWRU, one of the early ARPA net sites, I wrote graphics display software for Project LOGOS, a government supported effort and ...
6
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1answer
122 views

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 ...
2
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1answer
123 views

What is the patent owner law in US?

Let say this patent for an example: http://www.google.com/patents/USD285687 The inventors are: Jerrold C. Manock, Terrell A. Oyama, Steven P. Jobs They are working in Apple and invent that. If ...
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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 ...
2
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1answer
232 views

Patent expiration date with multiple publications

I was wondering what a patents Priority date is? If its set to 1997 and it has been published 6 times (the last publish was 2012) when does it expire? The patent I am talking about is US20120221930.
11
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1answer
729 views

Does a public discussion related to a patent invalidate the patent

If I discuss or seek advice from others on portions of a patent on public sites such as SO, does that invalidate the patent? For example, lets say I have an idea in mind of a software patent which ...
8
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2answers
646 views

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 ...