Stack Exchange Network

Stack Exchange network consists of 175 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

  7. current community

    your communities

    more stack exchange communities

    company blog
Ask Patents

Questions tagged [non-obviousness]

For posts questioning whether any skilled practitioner would find the idea obvious in light of the prior art.

34 questions
info Newest Frequent Votes Active Unanswered
3
votes
2answers
451 views

Patentability of a specific method of web content filtering

My friend is the creator and vendor of a web content filtering software. His clients are ISPs who then offer this service to their customers. Recently his clients received a very threatening "cease ...
0
votes
0answers
32 views

Overcoming obviousness-type double patenting rejection referencing third-party material

I have a provisional OTDP rejection that references an earlier application I made, explicitly references a third-party reference (no inventors in common with the application), and two other references ...
1
vote
3answers
63 views

Claimed Invention “As a Whole”

QUESTIONS What is the nuanced meaning of "CLAIMED INVENTION AS A WHOLE"? Put another way: Why not just write CLAIMED INVENTION? What is the alternative, "claimed as a ???"? USPTO PASSAGE A ...
1
vote
1answer
305 views

Unpublished foreign applications considered prior art for EPO inventive step?

Is it true that third-party applications which are filed earlier but unpublished at the time of filing are not considered prior art for inventive step purposes in the EPO? If so, this is a huge ...
5
votes
1answer
32 views

Full Scope Non-Obviousness?

"Full scope" enablement -- i.e. that the entire scope of the claim is enabled under 35 USC 112 -- has been identified as a requirement in case law. See here. Also from MPEP 2164.08: The Federal ...
4
votes
1answer
70 views

What questions does an examiner ask when determining if an application is non obvious?

As I understand it: there is no 'bright line' to demarcate the boundary. USPTO instructs examiners: A patent for a claimed invention may not be obtained, notwithstanding that the claimed ...
1
vote
2answers
61 views

Does a patent on an invention which does not work (but granted as if it does) count as invalidating prior art?

Suppose Alice (a fictional name for this example) comes up with an novel invention idea for a machine to do very useful work, but which requires as part of the larger machine a component perpetual ...
0
votes
1answer
120 views

Patents need to be non-obvious, but this patent is clearly obvious

Patented items are supposed to be non-obvious inventions. However, this patent would seem to be frivolous, consisting of hot glue and a brass casing used to produce a type of bracelet. In reference ...
1
vote
1answer
35 views

How does this particular patent satisfy the tests of obviousness and novelty?

In reference to the patent: US8060994 Please look at the following existing patent for a self-locking carabiner: https://www.google.co.in/patents/US5005266 In lieu of the same, is not the patent in ...
2
votes
1answer
187 views

Is claiming priority with a different inventor essentially madness?

I apologize for the click bait title, but that's really my question. 35 USC § 102(a)(2) provides: A person shall be entitled to a patent unless— (2) the claimed invention was described in a ...
4
votes
1answer
29 views

Can the examiner's use of more than 3 prior art refs in combination be successfully argued as “nonobviousness”?

In attorney-authors Pressman & Tuytschaevers' book Patent It Yourself, in the section on responding to rejections based on combinations of multiple prior art refs to achieve the same result (18th ...
0
votes
0answers
38 views

Is US8433843 invalid?

In reference to the patent: US8433843 I'm convinced this patent is invalid. This patent, in summary, is: The idea of combining wear leveling with a secure erase in the write step. Various claims ...
0
votes
1answer
31 views

Basic eCommerce system re-patented?

I came across a patent that was issued a few days ago: US 9,799,066: System and method for providing commercial functionality from a product data sheet. The patent describes a process where ...
1
vote
1answer
63 views

Question about the Non-obviousness Requirement of 35 U.S.C

The non-obviousness requirement of 35 U.S.C. 103 states that a patent may not be obtained if it contains only obvious differences from prior art. Consider the following: A is known prior art. B ...
4
votes
1answer
161 views

Does same owner's prior application count as of filing or publication date?

For 103/obviousness (but not obvious-type double patenting) reasons, does an application published by the same inventor/owner count as prior art against future applications of the inventor/owner based ...
0
votes
1answer
118 views

Is it possible to write software that doesn't infringe on patents?

I'm working on app not similar to Uber, but one that also facilitates peer-to-peer economic activity. However, I recently came across a patent filed by Uber, entitled "Providing a summary or ...
2
votes
1answer
123 views

Examiner ignores inventor's arguments against his owns

Here is the situation: my patent has gone through several Office Actions (OA). In the first 2 Office Actions, the examiner found some legitimate arguments against my application and I have amended ...
2
votes
2answers
134 views

If I produce a open source algorithm, can a company register a patent with my idea and sued me?

If I produce an open source product with an idea, lets say; an algorithm or protocol that nobody did before, can a company register a patent with my idea and sue me?
1
vote
1answer
36 views

What is the difference between 'Dillon 892 F.2d 1554, (Fed. Cir. 1989)' & 'Dillon, 919 F.2d 688 (Fed. Cir 1990)'

In the book "Invention Analysis and Claiming, a patent lawyer's guide" (second edition) by Ronald Slusky he makes the point that "A claim reading on prior art is unpatentable whether or not the prior ...
1
vote
0answers
74 views

Can this patent be rejected?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
3
votes
1answer
229 views

Can it be a patent?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
3
votes
3answers
1k views

Urgent - My Patent Application received a Non-Final Rejection, Advice?

I have written a computer program which combines two patented ideas, but provides a new and much needed function, and service for that matter. Hence the big money corps stand to make from the use of ...
6
votes
1answer
574 views

Method for exercising a cat?

http://www.google.co.uk/patents/US5443036 Does anyone know the reason why this patent was filed and granted? In what way might this game have qualified as non-obvious and novel to the examiner? ...
3
votes
2answers
211 views

US 2013/0272429, a patent application on calculating three checksums instead of one

I stumbled upon patent US 2013/0272429 that appears to patent calculating three checksums instead of one. Even if the obviousness of the basic idea is not enough to throw this out there should be ...
0
votes
0answers
33 views

US8618969: Missing a key reference

S. Balasubramanian et al., "Systematic analysis of interleaved digital-to-analog converters", Circuits and Systems II: Express Briefs, IEEE, 2011. Much of the claims overlap with the content of this ...
3
votes
5answers
726 views

Locating data specific for application - Patent Application - PRIOR ART REQUEST

AN OVERBROAD PATENT ON LOCATING DATA ON A COMPUTER - This application seeks to patent the idea of... locating data for applications on a computer! 10 minutes of your time can help narrow US patent ...
2
votes
2answers
219 views

Is Patent US5930362 weak or obvious?

Is Patent us5930362 weak because it has only 2 independent claims that specifically reference DH. Could this patent be circumvented by computing something that is not specifically DH but could be ...
2
votes
1answer
224 views

Can 3-D Printing Materials be Patented After an Algorithm for Making Them is Published?

There is a growing concern in the open-source 3-D printing community that broad patent claims on materials for 3-D printing may hamper the open-source 3-D printing community's ability to innovate. ...
1
vote
1answer
192 views

How is US5693489 patent different from US4952496?

From what I can tell, the language in these patents are exactly same with the exception of the degree of detail outlined in the claims. Claim 1, 1a, and 1b of US5693489 appear to re-phrasing claims 12,...
2
votes
1answer
119 views

Why was CDARS patentable?

Since spreading large deposits among different banks has always been the only way to keep everything FDIC insured, and since that's been a common money management practice long before CDARS existed, ...
1
vote
1answer
109 views

Non-obviousness of user interfaces based on a new input device

The new Leap Motion device lets your devices "see" ten-finger motions in real-time 3-D. I see no published patent application yet, but the device is described on the website. Microsoft has applied ...
1
vote
1answer
199 views

us7795768 - Patenting something already used elsewhere

This patent is for putting a gear on a spindle shaft. This has been done in automobiles, airplanes and machines for years. Putting a gear with spindle spacing on the inside and actual gears on the ...
1
vote
1answer
397 views

Is assembly of existing products a 'Manufacture'?

I have an 8x5 binder and have adhered one additional item to it. I've also modified the paper that fits this binder, which fixes an existing issue. The binder provides use for a specific audience. ...
15
votes
2answers
833 views

Can the non-obviousness of an invention be challenged if the difference to prior art is only the mathematical-statistical approach?

TL;DR Given a patent application describing a calculation using a maximum likelihood approach, and a piece of prior art that has the same goal but uses Monte Carlo simulation, is this sufficient to ...