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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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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2
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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 ...
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2
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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?
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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.
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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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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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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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0
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1
answer
25
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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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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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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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65
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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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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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449
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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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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
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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 ...
prior-art-request
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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
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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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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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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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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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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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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 ...
user18033
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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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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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