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Questions tagged [novelty]

For questions relating to "novelty," as related to patents. Specifically, the bar for novelty in patents and patent applications, and interpretations thereof.

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Is a less restrictive rule different or a subset of a more restrictive rule?

A patent application for a software system, or a set of rules basically, is facing potential prior art challenge. The prior art invention has 5 elements/rules: 1. Rule_A 2. Rule_B 3. If and when A ...
Bear Bile Farming is Torture's user avatar
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When evaluating for inventive step, novelty, non-obviousness and so on, does the examiner focus on the claims or the overall invention?

I have an invention in mind, but there is a certain patent with claims that look nearly identical except for one minor part, where the existing patent differs. This minor part is in the very first ...
Joebevo's user avatar
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Does "smaller clothes hangers for petite women" really pass the novel requirement?

According to this article https://www.upcounsel.com/non-obvious "If your idea is to make clothes hangers in smaller sizes for petite women's clothing, it's possible that your invention is novel, ...
Bear Bile Farming is Torture's user avatar
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1 answer
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Patenting a Sandbag?

Sandbag is defined as sand sealed inside a textile bag. The general form of this invention of course has existed since forever. Given the above definition, if a sandbag with certain dimensions or ...
Bear Bile Farming is Torture's user avatar
1 vote
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When would a reference listed on the patent not be considered for determination of prior art?

In a US patent (re)examination, under what circumstances would a reference not be considered for the determination of prior art, when that reference is cited by the examiner, appears on the front page ...
fgrieu's user avatar
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patenting a chair made up of wood from a special type of tree

Let's suppose that someone has discovered that wood from a specific tree, hitherto unused in making chairs, provides profound health benefits when sat on. Can they claim the patent of "chairs ...
Bear Bile Farming is Torture's user avatar
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1 answer
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can a bucket full of rocks ever be patented?

Let's suppose that I have discovered an amazing use case for the combination of a bucket full or rocks, can I then patent bucket full of rocks, or at the very least can I patent bucket full of rocks ...
Bear Bile Farming is Torture's user avatar
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specific example of patentability

Suppose that in prior art, all that exist is: an apparatus comprising of: A) A shirt piece covering the torso with attaching mechanisms on both the left and right sides of the shoulders; Someone now ...
Bear Bile Farming is Torture's user avatar
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2 answers
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A claim that is more general than one in prior art

Supposed that in prior art, this claim exists: Triangular shaped object Circular shaped object Square shaped object Would the following claim be allowed: Triangular shaped object Circular shaped ...
Bear Bile Farming is Torture's user avatar
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2 answers
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If C = A + B and E = D + C, is it necessarily the case that E = D + A + B?

If some other invention claims A + D or B + D, would the examiner argue that these are not novel because E = D + C already exist, and C = A + B, hence E = D + A + B necessarily?
Bear Bile Farming is Torture's user avatar
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'Novelty only' prior art

Can someone explain to me the meaning of novelty only prior art, and the difference between this and regular prior art? Thanks.
Laurence Dawkins's user avatar
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Under what circumstances can A+B be patented if A and B are already patented?

If A+B is an invention that solves a problem previously unsolved, wouldn't it be illogical not to allow it to be patented just because A and B are already patented? For example, when A and B are ...
Bear Bile Farming is Torture's user avatar
2 votes
2 answers
105 views

Why novelty of the idea is required when non-obviousness apparently already covers the requirement?

What I understand about novelty requirement of an idea is that, The idea is required to be new from the existing prior arts. And by the non-obviousness requirement of the idea is that, The idea is ...
Sazzad Hissain Khan's user avatar
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1 answer
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Meeting and novelty

Case A: Company A and B begin cooperating with each other and in a meeting, company A discloses an invention to discuss and move further. Case B: Company A and B sign a NDA and do the same. Is any of ...
Ben's user avatar
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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 ...
PCT-user's user avatar
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Is it possible to have the total freedom to operate for a method patent?

If a method is patented and to conduct this method, you need to build a device that has been patented in the past although not in the exact shape and form nor for the same use, will you be having ...
PCT-user's user avatar
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Can I patent the same embodiment with one functional difference?

Let's say there is a patent for a gear covered in gasoline where the gasoline is explicitly mentioned to be used for the lubrication of the gear. Can I patent the same gear covered in gasoline ...
PCT-user's user avatar
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Is there a professional cost efficient novelty search?

I had a novelty search by the UK IPO and it was extremely poor compared to the one by EPO. Maybe the difference in the fees justifies that as it is £300 vs £1,500. Is there any particular office who ...
PCT-user's user avatar
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2 votes
1 answer
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Is there a way to completely cancel earlier applications?

I am looking to use my UK-B application below to file a new PCT-B so that I do not have to prove novelty and inventiveness over the PCT1. 1) UK-A filed on 05/19 now withdrawn without being published ...
PCT-user's user avatar
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1 answer
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Can I use the same active ingredient as patented product, when rest of the formula is different?

I want to manufacture natural / ecological dishwashing detergent. There is a patented dishwashing detergent on the market with the same active ingredient, but the rest of the formula / other ...
HungryBear's user avatar
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When exactly your own disclosures will be used as prior art against you?

If I understand correctly USPTO is a "relative novelty" office. There is a grace period of 1 year. Whereas EPO is an "absolute novelty" office. Anything disclosed before filing will be used against ...
PrivateUser's user avatar
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1 answer
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How exactly novelty works?

I understand "novel" means all features of the claim are described in a single document. However, I don't understand the meaning of "feature" here. I have 5 wherein clauses in my claim. Each and ...
PrivateUser's user avatar
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2 answers
57 views

What date the examiner will use when interpreting an embodiment for novelty?

It seems like USPTO allows different embodiments for novelty/anticipation rejections. So I wanna know how the embodiment will be interpreted. A provisional patent is filed by "inventor A" in 2010. ...
PrivateUser's user avatar
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1 answer
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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, ...
sharptooth's user avatar
2 votes
1 answer
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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 ...
onefanfare's user avatar
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1 answer
50 views

Can a patentable but not fully developed method be protected?

Is it possible to protect a method which is otherwise patentable but which has so far been developed only in broad lines? In other words it is novel and applicable, but not fully teach-able yet. As ...
Helen's user avatar
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1 vote
1 answer
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How detailed must a description in a non-patent instance of prior art be to invalidate claims?

Brief context I'm in the early stages of product development, pre-prototype. (Subtext: definitely no funds available for a legal opinion. I'll cross that bridge when it becomes feasible; for now, I'...
user1's user avatar
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1 vote
1 answer
113 views

How to interpret prior art with broad claims and narrower specification in order to invalidate another patent?

Brief context I'm in the early stages of product development, pre-prototype. (Subtext: definitely no funds available for a legal opinion. I'll cross that bridge when it becomes feasible; for now, I'...
user1's user avatar
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0 votes
1 answer
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Reasons to request an "Expedited Review"

I am seeking to understand the advantage of "Expedited Review" My cursory understanding comprises this excerpt is that somehow that novelty is conferred with 'little' or no rejection from the ...
gatorback's user avatar
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1 vote
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What is the strength of the patent, if during re-examination all the independent claims get cancelled and only dependent claims are confirmed?

In the patent US7292151B2, many claims including independent claims have been cancelled during reexamination. However, patentability of corresponding dependent claims is still confirmed. In this case, ...
Searcher's user avatar
1 vote
1 answer
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New use and area of application for old invention

If I invent something that solves a problem in a new area (an improvement to something that was only invented ten years ago), by using a technique and mechanism disclosed in old invention (something ...
Keir Finlow-Bates's user avatar
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2 answers
66 views

What happens if there is not enough support in the specification for a continuation

I have an allowed patent application and am working on a continuation. There is material in the specification that I think supports a further development of the original invention, so I'm drafting ...
Keir Finlow-Bates's user avatar
0 votes
1 answer
67 views

Novelty requirements for dependent claims

I think my question to follow has been in part answered in this post, but I wanted to formulate it in the context of my situation, just to be sure: Suppose that I formulate a patent application with ...
Bryson of Heraclea's user avatar
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1 answer
71 views

Why is an Ex Parte 102(g) Rejection necessary? If an invention has been reduced to practice wouldn't the patent be preclude by 102(a)?

A 102(g) Rejection requires that the invention be reduced to practice. However, 102(a) says that if an invention is "known or used in this country" it can't be patented. So wouldn't a reduce to ...
Ian's user avatar
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1 vote
2 answers
115 views

Patent search results - Prior art - Obviousness

Good afternoon all, I have had my search results back from the my patent application. The initial results show four pieces of prior art cited by the examiner. I had not included any citations ...
Lochnivar's user avatar
2 votes
1 answer
467 views

publish date vs priority date in pct countries for novelty purposes

I filed a provisional patent application "PPA" on January 1st, 2017 with the USPTO. Then I missed the 12 month deadline to file in the PCT to preserve my international rights in those participating ...
ron adams's user avatar
2 votes
2 answers
110 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 ...
WBT's user avatar
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2 answers
28 views

How is the system described novel in any way? It is simply a proxy registration that has been digitzed.

In reference to the patent: US7130878
Tariq's user avatar
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1 vote
1 answer
192 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 ...
Aniket Aggarwal's user avatar
-2 votes
2 answers
61 views

patent conflicts

In reference to the patent: WO2015130230A1 Does this patent conflict with the following patents: “一种在水体中原位取样、分离、富集、测量水体污染物的方法” with Nos. CN101021514 B, CN200710010550.1, CN200710010553.5,and ...
realtime's user avatar
0 votes
1 answer
70 views

Is the balancing patent for wheelchairs from DEKA righteous?

During a market research, I found the patent EP1512055B1 from 2002. It protects a control-based balancing strategy for wheelchairs in a quite general way. However I know also about the published paper ...
Marc's user avatar
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1 vote
0 answers
50 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 ...
rnpl's user avatar
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3 votes
3 answers
350 views

What is the line between obvious and novel?

I read somewhere that attempts to make the distinction of novel and obvious by If you combine two or more existing things in a way that would make sense to one of skill in the art to accomplish a ...
user3667089's user avatar
1 vote
1 answer
70 views

Disproving novelty from more than one reference?

35 USC 102 (novelty) speaks of disqualifying prior art in the singular. Further, MPEP 2131.01 states that disqualifying prior art 'should' be singular except for three scenarios. Assume that none of ...
user132162's user avatar
1 vote
0 answers
141 views

Patent has multiple prior art, why is the multiple prior art not preventing the grant of it?

In reference to the patent: US8470388 COUNTRY - Patent Number United States - 8470388 Australia - 2013207081 Austria - EP2801242 China - CN104115561B Czech Republic - EP2801242 EPO - EP2801242 France ...
user19473's user avatar
2 votes
1 answer
205 views

Schrödingers Prior art 54(3) EPC

My current understanding: If a PCT application was filed before, but published after, the filing of a different European patent application, then the PCT application may be considered a 54(3) EPC ...
Oceansyawn's user avatar
1 vote
2 answers
185 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?
Israel Garcia's user avatar
0 votes
1 answer
106 views

Why do people patent well-known ideas?

Some patents seem to be filed for fairly well-known ideas, like for example, "out-of-office email". Even large, industry-leading companies, rather than patent trolls, appear to apply for such patents. ...
MWB's user avatar
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9 votes
2 answers
955 views

Repatenting someone else's dropped provisionals

My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions? And how ...
user avatar
2 votes
1 answer
68 views

Prior art suggests possibility of using a specific sensor, can my patent still use this sensor?

While researching the prior art, I found a patent filed by a large corporation and at the end of the description they say something like "an accelerometer or other sensor can be added". My idea uses ...
Haider's user avatar
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