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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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1answer
30 views

Question about proper antecedent basis: is it necessary to establish new antecedent basis in every dependent claim?

For example: Claim 1: A system comprising X, Y, Z. Claim 2: The system of claim 1, wherein the X is connected to a W. Claim 3: The system of claim 1, wherein the W is P connected to U. In the ...
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1answer
43 views

Docketed New Case - Ready for Examination 3 time

I was twice rejected from the patent office. Now after a second amendment, I received: "Docketed New Case - Ready for Examination" What now?
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1answer
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Revision of an application after submission, when responding to a deadline to maintain family continuity

I have a fast-approaching deadline to make payment on an NOA application (a CON on original granted patent), in order to get it granted. I also want to keep open the chance to extend the family by ...
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2answers
72 views

Very Difficult Low Productivity Examiner with Questionable Approach - What Options for Applicant? UPDATE

An institutional entity filed a patent application that most likely can't be granted, because it is unworkable. It's tangential to their primary subject, and probably is a placeholder until refined. ...
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1answer
47 views

How can we extract the prosecution history for the reexamination?

The patent US7405443 has been reexamined but the corresponding office action is missing from the file wrapper as well as global dossier.
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1answer
25 views

Restriction Requirement

What is the rationale behind writing the term inventions, species, or groups, while raising a restriction requirement. How these three nomenclatures (invention, group, and species) are different and ...
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which documents need to be in a USPTO provisional utility patent for a software system

Presently I have: COVER SHEET ABSTRACT and CLAIMS What's missing?
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1answer
32 views

MPEP and Case Laws

How patent Examiners either memorize or manage themselves while citing all the relevant case laws and sections of MPEP during issuance of an Office Action?
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0answers
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Patent application: can the citation of a figure from another author be considered fair use? [closed]

I would like to include a figure from a scientific paper which illustrates some background for my invention. I can cite the source and I can make it clear that I'm using it for illustration and ...
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1answer
26 views

Way to release technology with license, without necessity to pay money

I've got serious technology, something that can change way we handle stuff today. Problem is, that I don't have the money to fill in international patent. How should I proceed? I want humans to use ...
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2answers
88 views

Unregistered Patent Agents

I am trying to do research on what can be done by unregistered people. While it is clear they cannot represent in a patent court. But to what extant can they help someone one write patents? or help ...
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1answer
57 views

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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1answer
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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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1answer
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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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2answers
54 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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1answer
30 views

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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1answer
47 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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1answer
43 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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2answers
40 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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1answer
40 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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1answer
41 views

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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1answer
14 views

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
40 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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1answer
47 views

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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0answers
21 views

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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1answer
41 views

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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2answers
33 views

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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2answers
55 views

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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1answer
27 views

Are patent applications publicly available?

Are patent applications of pending patents publicly available? If so, can they be download somewhere?
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3answers
73 views

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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1answer
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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
23 views

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
36 views

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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2answers
47 views

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
16 views

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
75 views

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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1answer
43 views

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 ...
2
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1answer
70 views

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
53 views

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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1answer
160 views

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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1answer
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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 ...
2
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2answers
60 views

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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2answers
63 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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0answers
62 views

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
47 views

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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2answers
107 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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1answer
43 views

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
35 views

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 ...
1
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1answer
61 views

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 ...