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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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 ...
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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 ...
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1 answer
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Where I can find a translation of a Greek patent application?

I´ve been trying finding the translation into English of the Greek patent GR1004996B, by searching at WIPO patentscope, Espacenet and Google Patents, and didn't find it. There are just the original ...
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1 answer
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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 ...
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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 ...
2 votes
2 answers
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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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1 answer
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How are worldwide patent application numbers generated?

If in a worldwide patent application I wanted to create a significant number (e.g. a spouse’s birthday/ wedding anniversary) would I be able to request that number or are the numbers randomly ...
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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, ...
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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!
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2 answers
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Filing for a patent for a artificial intelligence program?

I’m working on an AI project that may well be commercially viable. Does anybody know about filing for a patent for an AI program? How much information about the software model would I be required to ...
1 vote
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 ...
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 ...
2 votes
1 answer
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Is there a way to completely cancel earlier applications?

I am looking to use my UK-B application below to file a new PCT-B so that I do not have to prove novelty and inventiveness over the PCT1. 1) UK-A filed on 05/19 now withdrawn without being published ...
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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?
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1 answer
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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 ...
1 vote
2 answers
29 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?
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2 answers
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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?
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2 answers
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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?
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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?
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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, ...
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2 answers
34 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 ...
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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 "...
2 votes
3 answers
1k views

The Application Data Sheet 37 CFR 1.76 form (aia0014.pdf) does not allow me to sign

I am trying to sign the PDF form aia0014.pdf. It states that signing is enabled but placing saved content is not. I have downloaded both Adobe Reader 11 and Adobe Reader DC, but the sign tools are ...
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2 answers
51 views

Verbatim copy from paper draft in a patent application

I am working as scientist for a university in the EU. We have submitted a paper manuscript to a renowned journal. The manuscript got reviewed and finally accepted. Already upon submission, we asked ...
1 vote
2 answers
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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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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 ...
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1 answer
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Transfering ownership before grant

I (private individual) am going to apply for a patent, and would like to subsequently transfer the ownership of this application to a newly formed company. Is this possible or do i have to wait until ...
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2 answers
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is a computer listing necessary for a provisional utility patent?

My invention is a printed circuit board with a micro-controller, which runs my software algorithm. The algorithm is about 3500 lines of source code. I just read USPTO rule that computer listing of ...
1 vote
1 answer
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Filed a provisional that I did not follow up on—is it prior art?

I filed a provisional utility patent less than a year ago. Since then, I received a few notices which I did not follow up on, and the application was abandoned. I think I have two options now, which ...
1 vote
1 answer
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Receiving NFOA way after an appeal brief was filed after a complete final rejection & rejective advisory action, does it indicate room allowance?

Bob receives a final rejection in August, 2020, without anything allowed or even indicated that any change could over come the rejections and allowance could be achieved. Bob files a files an action ...
2 votes
1 answer
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A previous employer has patented something I helped invent but hasn't included me as an inventor. What are my options?

I was browsing patents filed by an old employer and noticed that some tech I worked on has been patented. While I was there, I was told this would be a trade secret and wouldn't be patented. The ...
1 vote
1 answer
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Are there documents or information made public during a patent application?

Are there documents or information made public during a patent application? I am wondering if there's anything made public when you file for a patent application, or if any information is only made ...
1 vote
1 answer
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What kind of documents are patent offices allowed to ask?

What kind of documents are patent offices allowed to ask? May a patent office ask for the source code, implementation details or other sensitive documents about how the technology can be reproduced or ...
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2 answers
67 views

How to avoid losing your work on the PTO's web based application system

I'm using the USPTO's EFS-WEB, and after spending an hour adding documents to a new application, I had to take a break. I wasn't active for an hour and my application disappeared completely. Is this ...
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1 answer
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What if I don't want to file a patent on a potentially novel idea. Can someone else patent it even after I begin working on it?

Working on a project and found an element that can potentially be patentable. I do not want to go through provisional filling yet. Nor do I want to disclose it. Just thinking for now wherever or not ...
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1 answer
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Where can I find all the reference documentation for a PCT?

This means all the communications and documents submitted, generated, exchanged and issued during the international phase (PCT) and all the communications and documents submitted, generated, exchanged ...
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2 answers
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USA Citing a patent that is european

Thank you for the warm welcome on Patent StackEchange. When citing a patent, because presently, I am writing it myself before a pro-bono student works on it. Does this simply mean you are (claiming) ...
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1 answer
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what is meant by "Deemed withdrawal of patent application after publication" ? is the patent still holds or its withdrawn?

i am working to sell a product whose patent search results show that "Deemed withdrawal of patent application after publication (patent Law 2001)" someone please explain this to me
2 votes
1 answer
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Can I patent an application of a popular technology?

Can I patent an application of a popular technology? Let's say Blockchain is a very popular technology nowadays and there are hundreds of applications proposed and ongoing in many different domains ...
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1 answer
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I have application number and attorney docket number, but I could not find application status on the USPTO website

Our lawyers filed a patent on April 20th, 2021. I need to see the status of it on the USPTO website. I tried searching on public pair using the application number. https://portal.uspto.gov/pair/...
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1 answer
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What exactly does "same part" mean in the reference characters rules?

When USPTO says "The same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must ...
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2 answers
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During patent application submission, which case is correct for approval?

I would like to submit an application for a new mechanism to be patented. Do I have to attach the complete mechanism including screws, nuts, housing and general electric components like DC motors in ...
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1 answer
129 views

Are patents titles required to be unique?

Are patents titles required to be unique, as for instance required for websites addresses? Take as an example the UK patent description for a patent, and suppose that a patent with title "Bicycle ...
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2 answers
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What are the absolute minimum theoretical requirements for a provisional patent application?

As far as I know, it is illegal to advertise an invention as "patent pending" unless a patent application has actually been filed. So, theoretically, if a company or individual wanted to ...
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1 answer
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Developing a software module to access USPTO Private Pair for my firm

I was told USPTO does not provide API for accessing their Private Pair data. However, I understand that a few docking software available claim that they are access USPTO Private Pair with the right ...
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3 answers
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If a patent application exists can I develop an implementation and post it online?

I was working on a piece of software, and after implementing the entire system I looked up similar devices in the USPTO search for applications. I found a patent application (submitted april 2020) ...
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1 answer
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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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1 answer
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How to find if US patent is applicable in INDIA? How to find the PCT number?

US20160255970A1 has US patent..how to identify if they have applicability in Indian and European Markets? How to find the PCT number?
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Question about joint patent ownership

Suppose company A and company B jointly own the rights of a patent, and that this patent results from the work collaboration between inventor 1 (from company A) and inventors 2, 3 (from company B). ...

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