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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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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. ...
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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, ...
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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 ...
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1 answer
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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 ...
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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'...
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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'...
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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 ...
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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, ...
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2 votes
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 ...
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2 answers
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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 ...
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1 answer
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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 ...
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0 votes
1 answer
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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 ...
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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 ...
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3 votes
1 answer
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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 ...
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2 votes
2 answers
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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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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
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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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-2 votes
2 answers
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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 ...
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1 vote
1 answer
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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 ...
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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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3 answers
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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 ...
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2 votes
1 answer
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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 ...
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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 ...
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3 votes
1 answer
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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 ...
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2 votes
2 answers
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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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1 vote
1 answer
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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. ...
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9 votes
2 answers
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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 ...
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3 votes
1 answer
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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 ...
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5 votes
1 answer
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Do you have to amend claims lacking novelty or an inventive step

If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
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1 answer
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Are other parties free to innovate on my invention?

If another party patents an invention which builds on my own, do they have to get a license from me before they can start manufacturing their product? For example, if I invented the 'chair', and ...
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1 vote
2 answers
463 views

Is novelty in every dependent claim a necessity?

In case of an invalidated independent claim, does the dependent claim survive if the added limitation to the now dead independent claim is not inventive? If yes, does that mean that in a long chain of ...
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1 vote
1 answer
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Independent claim construction - "Missing" keywords

I have been given the task of checking the most recent patents of our competitors for infringement. I must say I am not a specialist in patents but I mostly enjoy the learning experience. One of our ...
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0 votes
2 answers
437 views

Can conflicting applications be considered for determing the obvious of a later-filed application?

Conflicting applications are earlier-filed and later-published applications to a the claimed invention (later-filed). It could be prejudicial to the novelty but not obvious of the claimed invention in ...
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2 votes
0 answers
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This patent looks to be a spam/troll attempt

In reference to the patent: US20100313926 I'm an electrical engineering major that just graduated with my masters degree. I was looking at zeolite applications and I stumbled onto this patent. After ...
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Seems like overwhelming prior art and lack of novelty, could this actually get patented?

In reference to the patent: US20140207263 I ran across this patent application in a google search and can't help but be dismayed that someone is actually trying to patent this. Is this a patent troll?...
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-1 votes
1 answer
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Broad application applies to longstanding software capability

In reference to the patent: US20150058243 This application is overly broad and would presume to cover long standing job search and matching capabilities used by large providers such as Monster.com; ...
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0 votes
1 answer
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Existing Patent's Application Usages

I have an idea which is very close to an existing patent CN 103839021 A. However, its application and working is completely different than what is mentioned in that patent. I came across the section ...
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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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3 votes
1 answer
234 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 (...
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