Questions tagged [law]

Questions about patent laws and their implementation

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191 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, ...
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1answer
793 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 ...
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 ...
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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 ...
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.
2
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1answer
72 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, ...
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 ...
2
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1answer
160 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 ...
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 ...
2
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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 ...
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?
2
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1answer
71 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?
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 ...
2
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1answer
674 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 ...
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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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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 ...
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 ...
2
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2answers
674 views

Does “Vessel Hull Design Protection Act” protects any kind of object of design?

I would like to know if any kind of object of design can be protected by the Vessel Hull Design Protection Act, or if it is just to vessel hull objects.
2
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2answers
61 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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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 ...
2
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1answer
157 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 ...
2
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1answer
107 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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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?
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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 ...
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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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?
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
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 ...
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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 ...
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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 ...
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2answers
127 views

Exploiting a patent after changing organization

Three years ago I was working in a public research organisation, and we obtained a patent, I am one of the authors, the research institution payed everything. Later I moved to a different country and ...
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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 ...
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1answer
75 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 ...
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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 ...
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2answers
217 views

Patent length and breadth

Does a patent have a life span, say 7 years and if a piece of an old patent is used in a new one and much more accurately described and refined is that OK?
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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 ...
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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?
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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 ...
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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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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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3answers
252 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 ...
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2answers
218 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: ...
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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?
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1answer
2k views

What is a request for continued examination?

I have received a final office action with a rejection. My patent attorney advised going for an RCE (request for continued examination). How does it work? and how many RCE can one request?
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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 ...
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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 ...
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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?
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2answers
107 views

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

In reference to the patent: US20110209929
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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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2answers
339 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 ...