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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Patenting at universities: What is the best strategy?

I'm a postdoc at a university and made an invention I think could be patentable. I may want to use it for a startup in the future (likely in the US), and would like to have patent protection before ...
user449277's user avatar
1 vote
2 answers
32 views

Status of "Allowed" Application After Being Revived

I have a few questions on both a granted patent and a pending non-provisional application. Our granted application was abandoned because the Oath was filed "after" the Allowance and Issue ...
InFlight's user avatar
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I invented formulation. provisional patent application filed. if my ex-employee stolen it and misused, what I can do?

I invented formulation. provisional patent application filed. if my ex-employee stolen it and misused, what I can do to save from infringement.
Ishwar kundu's user avatar
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Filing patent application on invention that is beyond the remit of your exploitation

In truth there is no limit to how much work a person could do to ensure that his patent is exploited in market; if he cant make it, someone else might, or he may license the patent for someone else to ...
bondonk's user avatar
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Follow-up question - Good ways for inventor to stage patent attorney for success

(Motivation) I asked this question: Patent Enablement - how do you balance retention of secrets and teaching make and use (Rough Question) In the comments the question came up: What is the best (or at ...
EngrStudent's user avatar
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Companies that Cover Patent Fees in Exchange for Partial Ownership?

Are there companies that offer assistance with patent filing and are willing to cover the associated fees in exchange for partial ownership? Can you recommend some such companies?
Pulsar's user avatar
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Guidance for patent application drafting and responding to claims

I am looking for guidance on preparing an effective draft for filing a patent and some examples and case studies that discusses how to effectively respond to claims… Are there any specific resources ...
ilovebreakfast's user avatar
2 votes
1 answer
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What does "according to some aspects of the present disclosure" really mean?

Almost all patent applications are peppered with phrases like "according to some aspects of the present disclosure." What does this really mean? In other words, what is the legal distinction ...
jordanpg's user avatar
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Are there annuities to be paid prior to patent grant but to maintain the patent application in the United States?

Are there annuities to be paid prior to patent grant but to maintain the patent application in the United States? CHATGPT says No. But, https://www.quantifyip.com/blog/article6.aspx says yes.
BornPerson's user avatar
1 vote
1 answer
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What type of patent is a process that uses a chemical?

For example say I developed a solution using 2 commonly found chemicals call them X and Y that can for example instantly and safely whiten teeth in a novel way never discovered before. Do I patent the ...
Funky monkey's user avatar
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What figures/drawings to include if patenting a chemical solution?

My patent is for a chemical solution comprised of 2 chemicals that is used for a specific purpose in a specific industry. How am I supposed to include figures if it's not a design but just a ratio of ...
Funky monkey's user avatar
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How can I see whether an international patent application was filed under the Patent Cooperation Treaty (PCT)?

Given a patent application filed internationally, e.g. https://patents.google.com/patent/GB2571811A/, how can I see whether it was filed under the Patent Cooperation Treaty (PCT)?
Franck Dernoncourt's user avatar
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ICL_Class from patentpy package to CPC class

I downloaded USPTO bulkdata using patentpy package (https://github.com/JYProjs/patentpy). There is an ICL_class (International classification) field here. I need help to map this to CPC_class and ...
PhD Student's user avatar
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2 answers
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Patents: Can USPTO be sued?

If I file for a patent pertaining to a product I've researched and did a patent search and the product doesn't exist, but when I file, USPTO declines to award patent and then I find that many people ...
Private BACKoFF's user avatar
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Merely offering an idea for sale negates (affects) patentability. Really?

(Assuming I have a very novel invention that has been ready for patenting (for months or more), in the US.) Suppose I write a press release or conduct an auction (online/physical) or tweet or even ...
Pacerier's user avatar
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Creating Patented Invention in Country Separate from Origin Nation

I thought I came up with a new invention but unfortunately found that it was already patented in China. I am in the US and it wasn't patented here. I was told that I could in theory, build and sell ...
Richard's user avatar
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Will our own product become prior art of our patent application?

We are a software company. We release new features quite fast. We have released a feature in our product in 2021, which have been used by a certain number of customers. Will it still be possible for ...
Thomas's user avatar
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A patent issued as another patent?

In this answer, George wrote It has been issued (Jan. 2022) in the US as Suggested functions for formulas in spreadsheets US 11227106B2 but is still pending in Europe as of October 12 2022. where I ...
Thomas's user avatar
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A patent application with a similar idea to an existing product

We are a software company based in Europe making spreadsheet software including add-ins. In 2019, we added a feature in one of our Excel add-ins published in Microsoft Office add-in store, which has ...
Thomas's user avatar
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In a utility application, does the applicant put in arguments for usefulness, novel, and non-obvious?

I am currently reading through some utility patents on google. But I do not even see the words useful, novel, or no-obvious being mentioned in the patent. In other words, who initiates the arguments ...
Bear Bile Farming is Torture's user avatar
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Can applications be edited before approval?

The book I'm reading ("Patent It Yourself" by Pressman & Blau) says patent applications cannot be edited after submission. In particular, it says: If your patent application is rejected ...
mherzl's user avatar
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How often are there multiple patent applications for the same invention filing almost simultaneously?

What percentage of utility patent applications are rejected because the examiner was able to find prior art that the attorney did not find because the application for the prior art was not published ...
Bear Bile Farming is Torture's user avatar
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1 answer
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What percentage of patents applications are filed without a lawyer?

Is there any statistics on that? This might be an explanation for dumb patents. I am seeing quite a few of those as I am searching through google. The application process isn't expensive unless a ...
Bear Bile Farming is Torture's user avatar
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Filing in multiple countries with the same law firm and attorney

The question is, is there a cost benefit to filing a patent application in multiple countries with the same law firm and attorney? Let's suppose that I file in the USA and Canada. I use the same law ...
Bear Bile Farming is Torture's user avatar
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1 answer
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For a patent application that is classified as simple, typically how many attorneys are assigned for such a case in a law firm?

For a patent application that is classified as simple, typically how many attorneys are assigned for such a case in a law firm? And if there are more than 1, why more than 1?
Bear Bile Farming is Torture's user avatar
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1 answer
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Why are USPTO patent applications numbered XX/XXX,XXX?

USPTO patent applications are numbered XX/XXX,XXX. Why the slash? I.e., why not XX,XXX,XXX? Is it to distinguish from USPTO patent numbers, or is there some other reason?
Franck Dernoncourt's user avatar
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1 answer
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What happens in the event that a patent is granted due to negligence by patent examiner?

Suppose that an invention already exists and is patented and published. Someone files a patent application for the same invention. It is approved because the examiner was not able to find the previous ...
Bear Bile Farming is Torture's user avatar
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1 answer
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Is it possible to patent a product designed entirely with computer simulations?

I have designed a product called a Metamaterial that absorbs acoustic waves at broadband frequencies. The design is novel and demonstrated entirely through physics-based simulation software (Comsol). ...
Arn's user avatar
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Why would someone not file the same patent in China after filing the USA?

I am asking this because according to my research it is extremely cheap to file a patent in China (with attorney fees included). It is about a 1/10th of the price in the US. That would be less than a $...
Bear Bile Farming is Torture's user avatar
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How long after filing a non-provisional patent application will your invention be published?

What is the point of publishing an invention before it is granted? What if it never gets granted?
Bear Bile Farming is Torture's user avatar
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(International) How does the client independently obtain substantiated expenses/reciepts/ invoices, non-final office-action letters for patents?

How does the client find the substantiated expenses/receipts for international and general patent filing/annuities without asking the patent lawyer for a copy? Does one ask for serial numbers, or what ...
BornPerson's user avatar
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1 answer
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Wording of patent titles: "Using the Same"

I have a question about how best to organize (rewrite) the titles of some patents that have been translated from Japanese, probably using machine translation. This is part of the translation of a ...
Nick H's user avatar
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1 answer
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Independent applications and different outcomes

In short, what happens if 2 inventors file an application for the same invention independently, and the first one filing it gets rejected, while the second one gets accepted, in the period between the ...
Pa_'s user avatar
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1 answer
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Certificate of Correction for correcting the Application Data Sheet

I have a problem where I didn’t list the claims of priority in the ADS, though I did on the first page of the specification. (Everything is US.) The patent was allowed with minimal fuss and no one ...
Lou's user avatar
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Is it a Plagiarism in my new patent application if I use parts of my old approved patent description?

I am preparing several patent applications. I have the following two questions: I have a patent which was approved in 2014. Can I use parts of this approved patent application material when I compose ...
Benson's user avatar
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1 answer
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Can I submit a preliminary application for a US patent?

Good afternoon! I am an individual and I want to register an invention in the United States. I can't apply for a patent because I have to wait more than 18 months, which is a very long time. I would ...
Egor Korolev's user avatar
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Sites tagged to a patent

Is there a way to tag a patent to a specific site or check the sites that are tagged to a particular patent? Thanks!
Ксения Цочева's user avatar
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2 answers
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Which sections are necessary to write the patent abstract?

I am a computer engineer working with text (NLP). As part of my PhD, I am conducting some experiments on automatic summarization, i.e., automatically generating a summary / abstract of a text. One of ...
ImAUser's user avatar
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1 vote
2 answers
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Is a patent representative mandatory in Europe?

Sorry for the naive question. I read the instructions by EPO and WIPO on how to file a PCT patent. The EPO documentations vaguely states that if the local legislation mandates a legal representative ...
FluidCode's user avatar
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1 answer
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What if a company bought your patent while it was pending but later got rejected? [closed]

If a company outright bought the rights to the patent for X dollars while it was still in pending status, what would happen if later the patent is rejected?
Bear Bile Farming is Torture's user avatar
1 vote
2 answers
33 views

Can someone else manufacture and sell implementations of your invention while your patent is pending?

So after one submits their patent application, the status of the patent is pending. At this point, can someone else still user your invention?
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
39 views

How to sell or license out your invention before your patent is approved?

I just recently learned that it takes years for a patent to be approved (which is utterly ridiculous). So is there a way to sell and or license out your invention while your application is waiting for ...
Bear Bile Farming is Torture's user avatar
1 vote
2 answers
22 views

How to estimate the time you patent application will take to be approved?

Is it the simpler the invention, the faster the approval / rejection decision?
Bear Bile Farming is Torture's user avatar
0 votes
2 answers
26 views

what is the point of performing a patent search on the part of the applicant prior to submitting?

It cost time and money. If your invention already exists somewhere, why not let the patent court discover it and reject your application?
Bear Bile Farming is Torture's user avatar
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77 views

instead of drawings, can one submit videos in your patent application demoing your invention?

I cannot draw, but I can make videos. Is it allowed to use videos instead of drawings?
Bear Bile Farming is Torture's user avatar
0 votes
3 answers
37 views

At what stage is your idea patentable?

Currently, I have an idea to improve, re-design, or add a feature to an existing product. The product is a piece of wearable fitness garment. This additional feature is very simply to implement. Yet, ...
Bear Bile Farming is Torture's user avatar
0 votes
2 answers
43 views

How to check where a patent is valid and can it be used freely in another country?

I have found a patent (PCT/GB2014/000088 or WO2014147361A1) which also has the following related patent documents listed: CN105189237 **EP**2976240 KR1020150138257 US20160161950 JP2016520464 ...
Ivan Novikov's user avatar
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1 answer
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Why is a rule 37 CFR 1.63 form called an "oath or declaration"?

Everywhere I look I see the phrase "oath or declaration." Yet when I look at the form provided by the patent office, it says only "declare." Where is the optional/disjunctive "...
jordanpg's user avatar
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1 answer
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Is it legal to use a nominee in a patent application?

Since patent registries are fully public, i was wondering whether it is legal to use a nominee as patent inventor to preserve privacy. I tried to google for this, but I was only able to find results ...
Pa_'s user avatar
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1 vote
1 answer
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Patent Prosecution - SEQ ID NO

When drafting patent applications, can we skip certain numbers from the SEQ ID NOs? (This is just for convenience, so that I don't have to go back and renumber everything.) for US/PCT/worldwide, ...
B Patent's user avatar

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