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Questions tagged [legal]

Questions related to interpretation and source relating to the Patent law and rules. This tag should not be used for MPEP related questions.

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91 views

Is it legally justified to disparage intentionally the preceding good patent by a wrong patent?

Our patent FR2553560 was disparaged by the subsequent patent US5069827. They rejected the use of the best solvent HNO3 of our invention and claimed to use H2SO4 instead of HNO3 in nuclear fuel ...
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1answer
329 views

FR2553560 was lapsed for what reason?

The France patent FR2553560 was lapsed in 1998, as notification of lapse. The patent is valuable. I think it is used in MOX plant. I would like to know the reason of lapse of the valuable patent. How ...
2
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1answer
30 views

Patentless Invention

If I have an idea that I present and to someone or a group at a school function, and they take the idea directly from our meeting and sell it, can I sue? Or do I literally have ZERO protection without ...
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2answers
74 views

Bulk extraction of patent information

Are there any patent databases, besides USPTO database, that allows bulk extraction of patent information free of charge / for a minimal fee?
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4answers
106 views

Someone stole my computer program and said he will patent it. How can I check if patent exists?

First off sorry if this isn't the right place, I am new here. I took a job creating a computer program for a client. No formal contract was signed, though he did agree to pay me a flat rate. I gave ...
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3answers
66 views

Should a 3D designer be on patent?

I am a 3D designer (SOLIDWORKS, AutoDesk, etc...) who does product design, mechanical engineering, 3D modeling for people with ideas for new products. I previously worked at a state educational ...
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1answer
217 views

What is the legal status of Patent 6869679B1

what is the legal status of this patent US6869679B1
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2answers
110 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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0answers
29 views

How an infringement in a qualification method would affect a product?

Let's have the following hypothetical case: Company develops a product using method 'X' for some testing procedure qualifying it. Company releases product, development is frozen, testing no longer ...
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3answers
103 views

Who gets credit for providing CAD drawings for a patent?

My son is a senior in college majoring in mechanical engineering. He is well versed in the CAD software. A friend and local business owner approached him and asked whether he would be interested in ...
0
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1answer
97 views

Micro-Entity Filing Status

I am eligible for micro-entity filing status on my patent applications. However, it requires that one's name not be listed on more than four previous patents (I have zero currently), which limits me ...
0
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1answer
60 views

Patent Attorney Free Online Consultation?

I have a unique question concerning the financial provisions and restrictions of micro-entity filing status. I have been unable to find an answer to my question online, and would like to ask a patent ...
0
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1answer
47 views

What is the “Fee payment” as described in the Legal section at the end?

In reference to the patent: US5222141
2
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1answer
2k views

What can I do to someone who stole my idea and patented it?

What can I do to someone who stole my idea and patented it? He stole this idea from me when I let him live with me while he was separated from his wife. Knowing that I didn't have the money to hire a ...
1
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2answers
72 views

Having someone else file a patent application to retain micro entity status

Budgetary concerns require me to file my patent applications under micro entity status. I meet all requirements. However, one cannot submit more than five (maximum four previous) applications at the ...
4
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1answer
37 views

Patent protection: Through Inventor or Company name

When three inventors file a provisional patent application, should we file under our individual names sharing the patent or under our company name?
1
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1answer
284 views

How old must you be to file a patent

My kid (14 years old) is pretty innovative and has a great idea that he wants to write a patent for -- himself. I know enough about patents to know that he probably can't do a good enough job himself ...
3
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1answer
309 views

Reverse Engineering a communications protocol. Is it legal?

Suppose we have some equipment made by a manufacturer that digitally records and measures some data and communicates it with a PC. They haven't provided any documentation on the protocols it uses for ...
2
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1answer
868 views

Inheritance of enforceable patents

There have been several recent questions in the form of “My [family member] was granted patent [x]. How can I claim it?”. So far, these patents have all been long since expired or assigned to ...
4
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1answer
68 views

Is there no circumstance where people can use free and open versions of software patents?

In the United States, is there no circumstance where someone can use a software patent for free? This may seem obvious, but with software is very nuanced. I searched and couldn't find anyone who ...
6
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1answer
106 views

What is the relationship between US20080195499 and Bitcoin?

In reference to the patent application: US20080195499 We found a patent that seems to cover sending and receiving funds via Bitcoin. I'm curious of how this might affect Bitcoin and existing ...
6
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5answers
499 views

Patent of specific financial structure

Can I patent a kind of financial structure? In particular I would like to patent a kind of ETF (exchange traded fund) with certain specific characteristics in terms of the structure. As many of you ...
2
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2answers
54 views

How does the German Arbeitnehmererfinderrecht protect my rights when my employer has a foreign parent company?

Germany has a law called Arbeitnehmererfinderrecht, employee-inventors right that handles the rights of an employee who invents something at work. Basically, it says as an amployee you have to report ...
1
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1answer
72 views

So Called “infringement” on their patent

If a company is thinking that you infringed on their patented chemical formula with your Trade Secret chemical formula and sends you a "cease and desist" letter what choices do I have? Especially if I ...
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0answers
43 views

Modifying an existing chemical formula to create a new product (formula) in an unrelated field

I Modified an existing chemical formula by adding ingredients to create a new product formula (gel)} in a totally unrelated field. Would this be legal ?
2
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2answers
67 views

Multiple uses in different categories for one formula

Would it be wise and economical to get one patent for a formula that has three totally different uses in three different categories ?
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0answers
62 views

Modifying an existing patented formula to create a totally new non obvious product

I Modified an existing patented formula to create a totally new non obvious formula product and in a different field. Their product formula is in cosmetics and my modified formula is in let's say ...
2
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1answer
195 views

There is liquid formula that is patent pending on the market. Can i also get a patent for a similar formula?

There is liquid formula that is patent pending on the market but I have also developed a formula which works the same way but has totally different ingredients. Am I still eligible for a patent?
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3answers
3k views

Modifying an existing patented product to create a totally new non obvious product

Is it legal to purchase a patented product and then modify it to create a totally different (Non Obvious) product, and then get a patent for the new use of the new product?
2
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2answers
72 views

Does a product on the market have to state that it is patented?

Does a product on the market have to state that it is patented? I need to know if this product is patented.
0
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1answer
449 views

Can I patent a communication protocol?

Is it possible to patent a communication protocol, like HTTP or IMAP or SMTP, etc..? How about a sequence of REST APIs? If not, is there anyway to prevent others developing clone applications that ...
2
votes
2answers
44 views

Legality of patent sale (in general)

Why is it legal to sell a patent in the first place? It doesn't seem right that someone who had nothing to do with a product being invented be granted the de facto title of "inventor" that holding a ...