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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12 views

What is the difference between filing a patent as an individual and filing a patent under a corporation or LLC?

What is the difference between filing a patent as an individual (outside of a corporation or LLC), and filing a patent under your name as part of a corporation or LLC that you create for this sole ...
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How can I extend my protection to alternative embodiments?

I missed some alternative embodiments of my invention which can be considered as well known for the skilled person. I filed few national applications claiming priority over the first one. A year after ...
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40 views

Can a patent have 2 different CPC classes?

Can a patent have 2 CPC classes to it? Is it strictly 1? Let's say the patent is classified in order for it to be given to a specific unit to study it, does the patent go only to one unit? To clarify, ...
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Factors influencing patentability

• How unique or vague can the intellectual property to be patented be? • Is it possible to patent improved versions of pre-existing patents that aren't necessarily owned by the patentee? If yes, are ...
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Patent Application and Rejection influencers

• Usually how long does it take to file and obtain patents? • What factors influence the chances of getting a patent successfully or getting the patent application rejected?
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How can I file a PCT patent from Non PCT country?

I want to file a international patent from Non PCT country.But my country is a member of Paris Convention. How can I file an international patent from my country?
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Does the USPTO publish example applications?

The closest I can find is the Nonprovisional (Utility) Patent Application Filing Guide. I'm having a hard time converting that into an application. What I think would be easier is just a template ...
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Where in your patent application can you make an argument that you're invention is non-obvious?

I'm a guy in a garage inventor. This is my first time trying to get a patent. I've got a provisional patent and I've done a fairly extensive patent search and I've done some research on how to to fill ...
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1answer
35 views

Is it true that there's no advantage in filing patents to each major patent office rather than filing it through the PCT system?

Is it true that there's no advantage in filing patents to each major patent office rather than filing it through the PCT system? PCT applications is used as a figure for innovation, but it seems that ...
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“Flash of Genius” Intermittent Windshield Wipers

In the movie "Flash of Genius," which covered the long 1960-70's law suit involving intermittent automobile windshield wipers, it seemed that the individual parts (wipers, control box, electrical ...
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Patent overseas

I am filing a patent overseas in China. My U.S. Attorney need me to sign a power of attonery to the attonerys in China. The language in the contract states: pursuant of the relevant provisions of the ...
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Applying for a patent that is similar to a granted patent

There is a product I want to create, but noticed there is a patent for it. However the first claim is compromised of 5 components. I am wondering if it's possible to be granted a patent that takes ...
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How to Compare 2 Patent data

I have a question How to compare Patent data like if we compare the patent data of the 2000 to 2016 it will show us how much technology has been used in these years. Compare 1 https://worldwide....
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31 views

Patent abstract: should I aim for generality or concretion?

My company has encouraged me to patent a recent discovery. Is it recommendable to disclose contextual details in the abstract or not? Let's say the discovery found was inspired in the specific ...
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1answer
80 views

What is PG pub issue notifcation means?

My patent transaction history is below. What does PG-Pub issue notification means? Does it mean my patent is approved and it is visible to public?
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3answers
32 views

How can Chinese researchers apply for a patent for a drug that Gilead invented?

Chinese researchers have applied for a patent on experimental drug from Gilead Sciences https://www.thestreet.com/investing/gilead-falls-post-earnings-but-china-wants-to-patent-its-coronavirus-drug ...
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EPO patent application requirements

A utility patent application was written and filed in April 2019 with the USPTO. The inventor seeks additional patent rights in ES, DE, FR, UK & NL. The EPO website indicates: A European patent ...
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1answer
348 views

How to get an estimate for a application without revealing the idea?

I would like to hire someone for building an android (an maybe later windows/ios) application but in order to get an estimate they need to know what exactly needs to be done - obviously. Now I'm ...
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48 views

Once I submit patent forms can I start selling my invention and it be protected?

Basically I want to know if once I submit the micro patent form, is my invention protected if I start selling it to companies?
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If I am submitting two different provisionals for two different claims on the same invention can some sections be the same or similar?

Hi if I am submitting two provisional patent applications for two different claims but for the same invention can sections such as background, summary, drawings, detailed description, terminology, and ...
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Which “Application Part” and “Application Data Sheet” do I use for the provisional patent document?

While trying to submit my (personally-made) patent documents on EFS-Web I ran into an issue. I'm assuming that I should upload the pdf document of the provisional patent application in the "Attach ...
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Can design patent be renewed?

The lifetime of design patent is 14 years (for designs which were filed before May 13, 2015) / 15 years (for designs which were filed on or after May 13, 2015) from the date of grant.
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2answers
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How patents are avoided to be reinvented and how we can understand them comprehensively?

I have read tech patents available on Google. I wonder how patents can be avoided to be reinvented or understood so neatly and specifically given a patent file is usually tens of pages written very ...
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27 views

What is the expiry of South African Patent?

What is the expiry of South African Patent? eg.: ZA 2004/01584 On https://iponline.cipc.co.za/ the expiry is 2024-02-26. However, the international filing date of PCT/US02/26504 is 21/08/2002, ...
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Question about proper antecedent basis: is it necessary to establish new antecedent basis in every dependent claim?

I'm asking about "W" and not "X" here. 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 ...
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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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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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3answers
102 views

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

An institutional entity filed a patent application. It's tangential to their primary subject, and probably is a placeholder until refined. A few months later an individual (me) filed a significantly ...
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1answer
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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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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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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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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
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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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119 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
61 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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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
58 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
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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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65 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
48 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
45 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
56 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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54 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
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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
46 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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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
90 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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