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Questions tagged [patent-applications]

For questions relating to the preliminary steps of a patent, wherein an inventor or attorney files a draft of the patent either for review by a patent examiner, or in the case of provisional applications, for use later. Useful for questions relating to the drafting, scope, requirement, rules, and other such aspects of patent applications.

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For patent do you have to make your discovery public?

I have developed a website with a friend of mine, and the site is working. But it is not currently not in a form which is presentable to the public, which will take us a little bit longer to do. We ...
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What are the decision points associated with filing a USPTO NPA?

Context A utility provisional has been filed last year. I intend to file a utility patent application: the USPTO indicates that once I have all my pdf files ready for submission to call the USPTO ...
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Is software developed in UK is patentable in US?

I work for a company in UK. This company is a branch of an american company. We have developed a software that resolves technical problems in an innovative way for the processing payments industry. I ...
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50 views

Open source software was used in an invention. What should one keep in mind while patenting it?

I have developed a fault tolerant control method which I am trying to get patented. I have used scipy and numpy in the simulations which serves as a proof of concept. Would the fact that I've used ...
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Patent Claim Drafting

why in US a preemptive claim is patent ineligible and why the absence of complete preemption also does not demonstrate that a claim is eligible.
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25 views

Multi dependent claims (Uses and Advantages)

What is the significance of multi dependent claims in infringement analysis? What are the advantages in claiming multi dependent claims over normal claims?
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35 views

How to counter a pending application

Following a question that appeared here before, What are the ways to fight\counter a pending application? I know you can file a third party preissuance, but what if it is past the date of eligible ...
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35 views

Prior art time relevance when filling continuing application

I was wondering whats considered a prior art when dealing with a continuing application? From reading online, once a continuing application is approved, it receives the allowance date of the original ...
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25 views

EPO Continuation Application

Similar to CON and CIP application in US, is it allowed to file a continuation application with new subject matter in EPO ?
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Third party preissuance for a rejected application

I have come across a patent that was granted 9 months + 10 days ago, the patent is very obvious but it was somewhat restricted in its implementation. I have now seen that the inventor filed another ...
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How do introduction rules of an invention's elements apply when you have several embodiments?

I have several embodiments of similar devices that all do the same thing, but in slightly different ways. Many of them use some of the same elements (pieces). So my question is this: as soon as I ...
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1answer
21 views

Claim Interpretation 35 USC 112

Is it possible to use Claim interpretation under 112 sixth paragraph (35 USC 112 (f)) only for patent invalidation without using 112 second paragraph (35 USC 112 (b))?
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What do the numbers next to each section in a patent mean?

For example, in this patent, what does the 12 next to "United States Patent" mean, or the 10 next to "Patent No."?
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Citing a Foreign Patent--How do include a copy?

So I'm including a foreign patent in my Information Disclosure Statement (IDS), and my resources tell me I need to include a copy of non-US patents. How do I do that? I plan to file via efs-web. I ...
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Language in claims for individual instance of a plurality

An element in an independent claim reads: a plurality of widgets Since everything I've read says you MUST refer to "said plurality of widgets" or "the plurality of widgets"... Also, if you may ...
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Page Numbers on Existing Patents

I'm filing nonprovisional utility patent and trying to fill out the Information Data Sheet with the related art. It requires page numbers. I've looked both on Google Patents and the USPTO's Full ...
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Sign patent assignment without reading it

My former company has asked me to sign several patent assignments since I left the company but they only ever send me the final signature page. I didn't care about signing the ones I knew about when I ...
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Are patent applications publicly available?

Are patent applications of pending patents publicly available? If so, can they be download somewhere?
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Patent Claim Interpretation

In patent claims why the clause 'based on' is considered to have a broader scope as compared to the other clauses (e.g. using, depending, etc.).
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writing check to pay USPTO is good or not?

I need to pay USPTO $100 because my Micro Entity Application was filled incorrectly. I plan to pay by check. From the website, I read the following: Check or Money Order – make payable to "Director ...
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1answer
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Claim language and use of “means”

I am writing a patent for a vice grip tool where I have designed a new release lever to open the lock but I want to include the original vice grip style release lever design in the claim. I am ...
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1answer
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Legality of filing before there is an agreement?

An acquaintance is in the following situation… Bob is a PhD student. His advisor would like him to patent his work in the medical field. Bob writes patent application. Advisor adds another ...
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How should I structure the “Advantages” section of a patent application?

On page 210 of Patent It Yourself (18th edition), it explains that you can list the advantages of your invention in a narrative form. g. Advantages Although it is optional, you may list the ...
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1answer
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No publication number? [duplicate]

What does it mean if both the "Earliest Publication No:" and "Earliest Publication Date:" entries in publicpair are blank ("-")? As a follow-up, how would I go about finding the publication number for ...
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2answers
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What is the publication number of a patent?

I'm on the publicpair website and I can't find the publication number for a specific patent I'm researching; is there a place where the pub. number is located, or am I supposed to somehow derive it?
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What is a Formal Patent Search of Classification in Canadian patent law?

I am seeking to start patenting something, and have reached out to an organization that claims to be able to help with the patenting process. They want to do something they call a Formal Patent ...
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What does “in a further preferred embodiment” refer to in a patent?

I'm reading through a patent and in the section titled "Detailed Description of Preferred Embodiment" there are several paragraphs that begin with: In a further preferred embodiment of the ...
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2answers
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Invention Protection for a Device With Two Different Mechanisms

If there is a device -I know that it have never been existed before- that can be implemented by two different mechanisms, lets say one rotary and the other is a linear movement mechanism. And they are ...
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what is the registration no for the Certification of Micro Entity Status form

I am filing the CERTIFICATION OF MICRO ENTITY STATUS form. But I don't know where to get the Registration No., which is at the end of the form. Edit: I am doing it by myself for provisional.
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Does disclosure of an invention forever bar anyone (except you) from patenting it?

If someone discloses/markets a genuinely new (patentable) idea without patenting it (allows 12-months to go by without filing a provisional), does that mean that noone else will ever be able to patent ...
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Is it necessary to define the expected usage scenario for a patent?

Let's say PERSON A has a patent idea for a new type of golf club... and in their patent application, they say the reason for the invention is that golfers need a better tool to do x,y, and z to help ...
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54 views

One Invention with many different applications

I have a single invention that has many different applications. Do i need to file a separate non provisional patent for each different use?
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WIPO translate-Patentscope download

Is there a simpler way to download machine translated patent text from WIPO Patentscope, beside copy-paste text from WIPO window? Is it possible to download/export bibliographical data + translated ...
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2answers
60 views

File one patent or many patents?

If my invention has several innovative features, is it best to file separate patents for each feature, or for the device as a whole, or both?
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1answer
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Is coding knowledge required to file a patent for an app?

I have an idea in my head and I know how it will work. I can write about it in detail along with diagrams. But the problem is I don't know how to code. Can I file a patent for it with this much detail ...
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1answer
71 views

Can I tell about idea details before posting a patent?

I have a business plan for selling apparel over the Internet, with unique features that distinguish this idea from other sites. Before patenting this idea in the WIPO, can I tell about particularities ...
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Set-theoretic view of dependent vs. independent claims

I know that the role of dependent claims has been thoroughly explained in another post in this forum. However, I wanted to clarify something, to see if I am getting this right: A dependent claim must ...
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2answers
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How to write claim language for a clasp designed for a variably sized enclosure?

I want to state that the clasping system in my invention can be used in any size of enclosure. Specifically, I have doubts between using the words: "may" or "is" 2 examples: "enclosure may be ...
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1answer
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Mobile application Social network module patents

There are so many social networking apps available in AppStore and PlayStore. Almost all the modules and features are same in all those apps (like feedpage, photos/videos upload, chatting, etc). So If ...
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1answer
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How to I search for patents related to for videos/images/voice recorder?

I am planning to make one online gallery mobile application. In my mobile application I have to upload videos/Images/Voice Record message into cloud and showing in my User Interface. But is there any ...
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1answer
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How to search for examples of design patent applications?

I want to learn by looking at some examples of design patent applications. Is there a public repository of the history of a design patent application process as there are for trademarks? Thank you ...
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1answer
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When would an entity decide to convert a provisional application to a non-provisional application

For the sake of simplicity, I will limit the scope to utility patents. In what scenarios would it be advantageous for an entity to convert a provisional utility application to a non-provisional ...
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Step by step walk through for a United States low income patient

How do I apply for the patent process mentioned in the below question's answer? Can someone guide me on how to do this? Is there a cheaper patent for low income applicants? I understand that I am ...
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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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Once the non provisional patent is submitted to USPTO how long it takes to get the receipt number or patent pending status?

My attorney finally filed my non provisional patent. Provisional was filed by me in Aug 2017. Once the non provisional patent is submitted to USPTO how long it takes to get the receipt number or ...
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33 views

How to patent a product when using a freelancer?

I'm looking to hire a freelancer to help develop a product for me. Once the individual provides me the schematics and designs I would like to patent them before I work on creating the app/UI. What ...
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1answer
136 views

Can an idea be released into the public domain while patent is pending?

I understand that a successful patent application can take several years from first filing to granted. I'm trying to understand what options a startup has in making progress on developing the product ...
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In disclosing details of an approved (NOA) but unpublished U.S. patent, is there risk of someone adapting it for a foreign patent application?

The question relates to a patent with a current status of NOA, but not officially granted and not yet published. Specifically the context is disclosure of the application details and (in my case) a ...
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1answer
40 views

New data visualisation - Design or Utility patent

From what I have understood so far, a design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. and a ...
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IP Patent Biotech

I’m an undergraduate student in Boston, MA and I interned for 6 months at a start-up biotechnology company. I made some gene pathway suggestions that, a year later, they’re still working on some. ...