Questions tagged [patent-infringement]

For questions involving the creation, use, sale, import or export of patented items without permission from the patent holder or any person legally entitled to grant a license. Also for questions regarding the legal implications for the patent holder or the infringer. If you are beeing sued or put on notice for patent infringement please note that this can cost A LOT of money, you should consult a patent attorney.

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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 ...
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Are there situations where an infringer purposefully designed their product on claims when designing around them had no cost?

Someone told me that sometimes infringers design exactly on claims when going around them incurs no cost - for some sort of sneaky strategic reason. Based on my own reasoning that sounds untrue - why ...
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how can patent infringment be avoided for simple SaaS feature

I was thinking to develop a simple app for learning purpose. Upon doing research I found that a similar idea and process has already been patented. The idea is of a SaaS application that performs only ...
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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 ...
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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 ...
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Possible patent infringement and freedom to operate

We are a software company based in Europe making spreadsheet software. We found a patent Enhanced editing of formulas in spreadsheets. Actually suggesting functions while users edit a formula exists ...
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Is this a successful design around the Moki Doorstep?

This a continuation question arising out of the question: Knockoffs of the Moki Doorstep This is the patent: https://patents.google.com/patent/US10155479B2/en?oq=10%2c155%2c479 It appeared in an ...
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Knockoffs of the Moki Doorstep

This is the patent: https://patents.google.com/patent/US10155479B2/en?oq=10%2c155%2c479 It appeared in an episode of Shark Tank. This is the actual product sold on amazon: https://www.amazon.com/...
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If C = A + B and E = D + C, is it necessarily the case that E = D + A + B?

If some other invention claims A + D or B + D, would the examiner argue that these are not novel because E = D + C already exist, and C = A + B, hence E = D + A + B necessarily?
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If I own the patent to A+B+C, and later A+B is granted a patent, can I still manufacture A+B+C

If I manufacture A+B+C, then I would be infringing upon A+B, no?
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If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?

If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B? Why or why not? Or does it depend on circumstances? If so, can you give examples?
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If A+B+C is prior art, and now someone is granted a patent for A+B

Suppose that inventor John holds the current patent and prior art for: A+B+C Steve comes along and patents: A+B Then a manufacturer begins selling A+B+C or A+B+C+D+etc. Who is the manufacturer ...
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If a company has been selling your patented invention on the market

If the patent has been granted, what are your next steps. Assuming that you are successful in those next steps, what will you be able to get from the company? Will you be able to get 100% of profits ...
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How does the attorney go about finding all possible alternatives that could be used to invent-around your invention?

Is a patent attorney specifically trained to find all possible alternatives to a utility invention that would successfully achieve the same functions and thus bypassing the patent? In practice, how ...
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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 ...
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If A + B + C is already patented, but A + B is not patented

What if A + B + C is patented but A + B, for some reason, is not? Then someone comes along and patent A + B. In such a case, the prior art A + B + C, would actually be infringement on the new art. How ...
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Is this claim covering all session-based network load balance?

Reading the first independent claim, from here on referred to as the claim, of US10630817B2 my understanding would be that they have patented any type of session-based load balancing, which includes ...
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Potential Conflicts with a Patent Pending that examiner may have missed. Is it possible to notify the examiner?

Is it possible to notify a patent examiner of possible conflict in a pending patent he is working on? That he may not have identified? Is is proper for anyone to notify the examiner if they are ...
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Is it legal to compare a patented technology algorithm with a non-patented algorithm

I am curious is it legal to compare performance of a patented algorithm with a non-patented algorithm? I guess it would be because it is purely non-commercial and educational even if that kind of ...
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Interpretation of apparatus having specific logic

Here is a patent (US10255656B2) that claims an apparatus with specific functionality. I would like to focus on the first claim for now: A multiprocessor comprising: a register file to store operands;...
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Independent and dependent claims relation

Is it possible to infringe a patent by infringing dependent claims and not independent claims? Does that mean I just need to check independent claims of a patent to be sure I don't infringe the patent?...
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What do I need to sign with my prototype maker before I file a patent?

I currently have an idea. First I need to make a prototype. What do I need to sign with the prototype maker, seamstress, so that it will legally bind her to not steal my idea and not tell anyone about ...
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Need help with understanding a term in a patent

Let us suppose there is a patent with the claim: "a method for performing machine learning technique on a device." How to interpret this term machine learning technique? There are many ...
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Do patents prevent individuals from making a product out of patented invention for personal use?

Do patents prevent individuals from making a product out of patented invention for personal use? If they do in fact prevent individuals from doing so, how can this be enforced?
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Does a specific material needed to be mentioned in your patent application?

My invention needs a material that is hard. Ideally, the hard material will be rocks or stone. However, anything hard will do. If I mention that rocks or stones are used, then if someone steals my ...
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Does Free license projects need to worry about patents?

I want to create a new OS which runs on a Micro-controller (like Raspberry pi pico). Only I must control every aspect of this project and I don't allow any contributor. I have plan to publish it with ...
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Is it legal for a patent owner to disallow use of technology?

Assume a patent owner disallows use of some patented technology by some company. Or business conditions of usage setted by the owner are unbearable for the company. Also the patented technology is not ...
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Patent explanation help

Can somebody please help me with understanding this patent. I am not sure does this patent forbid CPU-GPU synchronization at all. I am particularly interested in terms of parallel programming with ...
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NVIDIA's GPU Patent and use of CUDA

There is a patent from NVIDIA for utilizing GPU. If I want to use CUDA Toolkit in my program, which NVIDIA is giving for free, am I infringing the patent? I am not directly using the described method, ...
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Can a software emulation infringe a patent beginning "..a device to..", itself with existing sold hardware?

Recently, I decided to research a method of consolidating an expertise and researched any pre-existing tools which might already encapsulate my process or aid (be it software or hardware). I came ...
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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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Seemingly Identical Patents with many different iterations

I've been looking into a specific piece of equipment called a 'present weather sensor' that uses a sensor looking at a sample in air to determine the visibility and current weather (i.e. rain, snow, ...
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How to protect against your patent attorney stealing your ideas?

So in order for me to file a patent for my ideas, I need to hire a patent attorney to write up the documents etc. This means that I must thoroughly reveal and describe my ideas to my attorney. How do ...
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Is my Grandfathers patent 243095 expired? Can heirs still claim it? Who was Commisioner of patents 1947?

It was application 725139. Lawyers were Clarence O'brien and Harvey Jacobson.
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Partial infringement of patent

I had an idea for a child safety product in early 2020. Between then and now (my idea is still in design stage) a similar product has appeared on the market. They have a patent application pending. ...
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If I extract a raw material using a patented invention in a country where it isn't patented, can I then export the material to countries where it is?

Basically, I operate in country X extracting aluminium. I use a process that is patented in countries A–P to extract this aluminium. Can I export that aluminium from country X to any of the countries ...
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Why no sue for using linked list?

I found a patent with active status apparently claimed the linked-list data structure. A computerized list that may be traversed in at least two sequences comprising: a first sequence of items that ...
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What will happen when a patented prior art is found after the patent is granted?

What will happen when a prior art is found after the patent is granted? A patent P was granted by USPTO and after the patent is published, a prior art PA of the P is found. Now what will happen to the ...
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Why not merging multiple patents to save money?

Why not merging multiple patents to save money? I often find single company, single inventor submitted multiple patents at the same time. We all know that, to apply for a patent companies need to ...
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Infringement under the Doctrine of Equivalents

I’ve been reading about the doctrine of equivalents, it is said that a product/process is said to be infringed under doctrine of equivalents if the substitute element of the accused product/process ...
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Does re-creating the scientific calculator casio fx-570MS as software application violate copyright law?

I'm trying to re-create the scientific calculator casio fx-570MS: My app on Android will look like this: The idea is I physically (no reverse engineering - that is no code touch, every code will be ...
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Material / Quantity specification

Let's assume we have a patent that describes a textile product containing > 30 % cotton. Would another aka the "same" product infringe this patent if: it would have 70 % cotton it would ...
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How would you find someone with expertise on selling to Patent Assertion Entities?

I've tried googling all sorts of different sentences trying to find information on PAEs. Nothing that comes up is of any use. Here is my situation: My patent was granted in 1 country, pending in ...
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Phenacetin as registered trade name

Phenacetin [acetophenetidin] was patented by Bayer in 1889 [US 400,086] - the only country to award this chemical a patent; the name was a trade name in most countries, and its use as a generic term ...
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Hypothetical: Patent Infringement without a Manufactured/Marketed Product

I am relatively new to the world of patenting and IPs, and I had a quick question for the following hypothetical scenario. Say that I submitted a patent only to find out later that someone else has ...
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times of deviation US8708791B2 [closed]

I read the patent multiple times but getting confused with the claim point "analyzing, by the at least one game server, the game play data to determine individual players' typical gaming styles ...
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Patents dependent on other patents

The announcement that President Biden has backed a temporary but "narrow waiver" on COVID-19 vaccines seems like a win for all. However, if a pharmaceutical company is forced to waive its ...
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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
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How common is it for public companies in US to sue each other regarding patent?

I want a rough estimate and does not really need the exact number. Is it more than 500 per year overall? more than 100? So I want to know how common is it for these companies to litigate each other.
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Is each step in a claim separately protected?

In order to infringe on a US patent, does every step of at least one claim need to be implemented or is each step in a claim separately protected?
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