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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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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1answer
24 views

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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46 views

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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28 views

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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1answer
34 views

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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2answers
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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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1answer
15 views

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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2answers
30 views

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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1answer
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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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32 views

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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1answer
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When the product as-sold is unpatentable but the product as-used is patented

Consider two inventions: X and X+Y. For the sake of argument, assume that X is not patentable (prior art), but the combination of X+Y is patentable. The problem: In practice X must be sold by itself. ...
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1answer
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Can someone sell part of my patent claim?

I have an improvement to a product. Let's call the improvement "A" and the product "B". Improvement A is not novel, product B is not novel. The way A & B are combined is novel. ...
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1answer
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Importance of configuration descriptions in a claim

I am looking into a new project for which there are a few similar technologies described in patents, but nothing that includes every novel feature I have in mind. However, one of them is written in an ...
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33 views

Can you obtain intellectual property for board games

I want to obtain intellectual property for the game, and I do not want a patent for a board game similar to chess. Does ownership increase me profit more than a patent or not?
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1answer
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Is it possible to have the total freedom to operate for a method patent?

If a method is patented and to conduct this method, you need to build a device that has been patented in the past although not in the exact shape and form nor for the same use, will you be having ...
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1answer
31 views

How can I estimate the level of freedom to operate?

If a medical device has been patented which mentions in the first claim, a particular material for specific reasons and I manage to patent the same medical device which mentions in the first claim, a ...
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1answer
38 views

Non-provisional patent - Examiner error

Base of problem Let's assume timelines as follows. Application examiner just makes error during search. He didn't see that in their database there is provisional patent application for same thing. ...
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1answer
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Provisional vs Non-provisional patent dates

Lets say I file a provisional patent at December 2020 with claim A. Some company B decides to file a application for non provisional patent with the same claim A at January 2021, because my ...
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1answer
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If my patent is being infringed could I work for the company vs. requesting royalties or cease and desist?

I found a company who is violating about 4 of my claims. But I like the direction they're going and I kind of wasn't going to sell it. So how would it go if I chose to work for them? do you think they ...
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1answer
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Someone claimed patent Infringment but didn't have a patent?

I run a startup company. I thought i came up with a great product and everything was great. Then one day i received an email of someone claiming to have a PPA of that same product and to cease selling ...
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1answer
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Global ethical implications of a US patent

I would like to understand the ethics of Patents. There is a product that is currently sold worldwide, with a patent in the US only. If I was to sell the same product (diff. logo) in the UK/EU, what ...
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1answer
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Patent infringement: pushing vs pulling

Suppose an accused product implements all but one of the elements in claim 1: The invention claimed is: A storage system comprising: a platform containing a plurality of container stacks...; a ...
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2answers
34 views

Would I be infringing on a patent with a accessory for the patented design?

I have created a fooseball table (table soccer) accessory / design improvement depending on the aspect of which I can legally pursue also variation of product installation or the incorporation of the ...
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1answer
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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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2answers
61 views

My Australian patent is being copied in Australia for sale overseas

My product is covered by my Australian patent but another Australian company has copied it and are manufacturing it in Australia and selling it overseas to a country I have no patent rights, are they ...
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1answer
29 views

Is it possible for me to develop a lawnmowing technology incorporating Object Avoidance

I am currently trying to create a lawn mowing robot which also uses Object Detection. Does the following patent prohibit me from doing this? http://www.freepatentsonline.com/9563204.html
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1answer
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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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2answers
102 views

Is it possible for a ridiculously simple invention to infringe an existing patent?

When searching if there was a patent covering this product: https://www.frownies.com/collections/facial-patches/products/facial-patches-forehead-between-eyes ... which is basically a piece of tape to ...
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1answer
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Can you include anything describing invention disclosures on your resume that have not been filed yet?

The company I work for might fold in the next couple months... So I'm searching for other opportunities in preparation for that possibility. I've submitted multiple invention disclosures to patent ...
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1answer
51 views

Non-novel/non-inventive patent of subcomponent of device that was already previously patented?

I have been following a (U.S.) patent for a particular type of technology. The patent application for this technology specifies that it was published in 2017, with a related patent by the same ...
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1answer
43 views

Can I share the code for an algorithm I patented?

During my PhD, I designed an algorithm that has been patented. For this patent, I share part of the intellectual property with my old University. After publication of the patent, we have also produced ...
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0answers
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Guides for a newbie patent researcher [duplicate]

I'm a newbie in patent research. I'm presently given a task to find a prior-art on some documents, to be candid, I don't know. Could experts here help suggest A GET STARTED approach? It could be done ...
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2answers
53 views

Changing aspect/step of system/method of patent claim to avoid infringing upon patent

I recently asked some questions relating to the scope of claims in utility (specifically, technology) patents. The user "George White" then answered the following in response to question 2: To ...
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1answer
23 views

Characterization and scope of claims in technology patents

When viewing technology patents, I notice that they list a number of claims, and the structure of these claims takes various forms. Relating to this, my questions are as follows: Does the scope of ...
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1answer
51 views

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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1answer
86 views

Can I use the same active ingredient as patented product, when rest of the formula is different?

I want to manufacture natural / ecological dishwashing detergent. There is a patented dishwashing detergent on the market with the same active ingredient, but the rest of the formula / other ...
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1answer
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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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0answers
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Design Patent of a product that has been sold in the market for years

thanks for reading this post. I listed a product online to sell. But my competitor claimed that I infringed his design patent. I looked at the patent and it looks exactly like the product I am ...
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1answer
31 views

Filing a continuation to result infringement

Given the following scenario: A patent issued to me is a prior art to patent filed by another company – I have the priority date. I can easily invalidate their patent but it does not mean that uses of ...
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1answer
105 views

What if someone files a fraudulent patent?

A person files patent after they have disclosed info to public, and sold the item. But lie to patent attorneys. Also let previous patent pending on same invention expire. Can they be turned in for ...
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1answer
68 views

How can I protect a product idea before seeking help with research and development?

It’s quite natural that inventors have doubt that if I give idea to someone what will happen to my idea?
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1answer
34 views

Can a patented idea be implemented in a different experimental set up without buying the patent?

This is my first post in 'Ask Patent', so pardon me if the question turned out to be very stupid. I am a PhD student working in nuclear medicine. Recently I had started working on a project. But soon ...
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1answer
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Legal effect of Tesla pledge "All Our Patent Are Belong To You"

In 2014 Tesla issued an announcement "All Our Patent Are Belong To You". A question was posted recently on law.stackexchage.com regarding this. My question, that may or may not be on-topic here, is ...
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If I buy property where patented fruit is already growing, can I sell the fruit?

I am looking at purchasing a house, that has a grove of trees that are patented, growing on the property. Am I able to sell the fruit since I will own the property on which it is growing? Also, it ...
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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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