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Questions tagged [non-obviousness]

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

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31 views

How is obviousness assessed?

I would like to ask how is obviousness of an invention assessed as it is difficult to appreciate it if you do not have experience of how several inventions have been evaluated. I think we can agree ...
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1answer
28 views

Can an improvised device made of used packaging be patented?

I'm using a so-called cantenna (antenna made of a used can) as an example. Suppose there's no evidence that anyone has tried a cantenna but antennas of similar design, just made of other materials, ...
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1answer
41 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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2answers
1k 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 "...
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0answers
102 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 ...
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3answers
157 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 ...
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1answer
968 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Unpublished foreign applications considered prior art for EPO inventive step?

Is it true that third-party applications which are filed earlier but unpublished at the time of filing are not considered prior art for inventive step purposes in the EPO?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 ...
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1answer
43 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 ...
3
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1answer
87 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 ...
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2answers
87 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 ...
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1answer
134 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 ...
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1answer
118 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 ...
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1answer
416 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 patent ...
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1answer
41 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 ...
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0answers
48 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 ...
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1answer
38 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 ...
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1answer
71 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 ...
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1answer
273 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 ...
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1answer
246 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
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1answer
216 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
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2answers
175 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?
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1answer
42 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 ...
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0answers
78 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 (...
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1answer
233 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
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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 ...
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1answer
771 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
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2answers
215 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 ...
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0answers
36 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 ...
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5answers
728 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 ...
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2answers
220 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
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1answer
227 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. ...
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1answer
209 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,...
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1answer
122 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, ...
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1answer
110 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 ...
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1answer
203 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 ...
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1answer
515 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. ...
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2answers
865 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 ...