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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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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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1answer
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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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1answer
29 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 ...
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63 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 ...
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1answer
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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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28 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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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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1answer
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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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0answers
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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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3answers
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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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1answer
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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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1answer
71 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 ...
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2answers
122 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
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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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686 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 ...
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1answer
53 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 ...
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1answer
346 views

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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1answer
177 views

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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2answers
174 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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1answer
70 views

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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2answers
187 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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0answers
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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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1answer
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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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1answer
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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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1answer
227 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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1answer
48 views

Patenting a New Paradigm for Search Engines

I want to file a US patent for a new paradigm of search engines. But I don't know whether it is considered abstract and thus is it patentable or not? I explain it by an example. Just as an example ...
3
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1answer
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US 2013/0206605 A1 too broad, little novelty

To include production of hydrocarbons in title of this application is over-reaching. Where is the disclosure to support its inclusion? Shouldn't there be a way to sanction those who pollute the ...
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0answers
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prior art for US 20150079942

In reference to the patent: US20150079942 I am looking for prior art for US patent application 20150079942. I believe this invention has overly broad claims. According to me invention has not at ...
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214 views

Too broad/prior art?: Microcontroller-resident software development environment

US8117587 Microcontroller-resident software development environment supporting application-level asynchronous event handling, interactive debugging and pin variables for embedded systems Isn't this ...
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3answers
336 views

To determine the novelty of the idea

I'm trying to build a hexapod with several new capabilities and all the features used are not my original creation but the idea of combining them together to form a bot is my idea, and there is no bot ...
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Can a prior publication by the inventors themselves defeat novelty?

I had published an article in a journal about an invention I was working on with my co-author. Now that we have been able to finish our project and came up with the drug, we want to apply for a patent ...
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3answers
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Inventor improves own Patent issued 8 months ago

Inventor files new patent improving his own work in recently issued patent; uses novel new components and some existing components, can prove advantages. In the original patent issued inventor used ...
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462 views

Filing a second patent after a first one

I know that when I file a patent application, a research will be done on novelty. This research covers (theoretically) all known publications, existing patents and applications up to the date of ...
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1answer
57 views

Was this ever taken to production?

Re: us5417445 This looks like a remarkable invention. It seems to turn the current thinking of indepenent suspension on its head. Was this ever put into production?
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1answer
601 views

How to check the novelty in a patent?

When I read some patents, I often don't understand their novelty, especially with CIP and CP applications. Is it by checking backward citations and compare with present claims?
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1answer
267 views

US patent 8,625,805 reinvents encrypted mail

I believe US patent 8,625,805, granted to Wickr on January 7, 2014, is either not novel, or an obvious variation of ordinary encrypted mail as it has been used for decades. Here is claim 1: A system,...
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explaining the theory that undergoes an invention in patent description?

I have a question about explaining the theory that undergoes an invention: should it be exposed in patent application (Description) and if yes how? For what I have seen patent documents are not ...
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How Patent passes the prior art requirement

The idea of physicalizing educational concepts to create visualizations seems to be a mental process. Patent Application: http://www.google.com/patents/US20130224715 seems to fail the requirement of ...
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1answer
62 views

Thoughts on novelty: Making a mobile product when there is already a desktop version?

I am thinking of making a certain consumer product. There is a similar product on the market that is designed to be used on a desktop and is quite large. (To the best of my knowledge it is not ...
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1answer
62 views

Novelty under Patent act

Can somebody tell me differences between novelty 35 USC 102 AIA and Old act besides first to file and first to invent?
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199 views

US 20120260509 A1 (Gilette) - Patent Application - PRIOR ART REQUEST [closed]

Is patent application US20120260509 A1 obvious given prior art patent US5560106 A? They both seem to be trying to accomplish the same thing and given that the prior art was from the early 90's I would ...
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1answer
384 views

Is it possible to apply for a patent, if same invention was applied in other country by other but not applied for this country?

Let's say John applied for a patent in Germany on Jul 7, 2012, but did not apply for a patent of the same invention, that is, a patent which John could claim priority, in the US until Jul 7, 2013. Now,...
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1answer
114 views

Is it helpful to use “invention submission companies” to ensure the securing of a patent?

Is it helpful to use "invention submission companies" to ensure the securing of a patent? What other services might they provide?
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How could a patent have been issued for a composite knife blade?

Turns out there's a US 2008/0250656 A1 patent for a composite knife blade - a knife blade made of two pieces - one containing the area near cutting edge and the other containing the rest of the blade -...
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What is differences between us8216392 and us7445677? [duplicate]

Possible Duplicate: is there an infringement between this patent and lufthansa us8216392 patent? us8216392 patent produced "cyclean" you can google for images and us7445677 drawings are very ...