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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70 views

Will there be any downside if I show my patent claims to my infringer before publication?

I already published my paper. [After filing provisional application] A big company seems like copied my work from my paper and they are about to release their product in few months. The reason I ...
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3answers
37 views

Does an intermediate step considered as patent infringement?

An existing patent uses step A, B, C in the independent claim. My invention inserts a non-obvious step X before step C. So my invention looks like this. A, B, X, C Can the existing patent owner sue ...
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54 views

Is it permissable to manufacture a replacment part that fits in a patented product?

I wish to produce a replacement control board which is designed to fit directly in to a patented handheld machine control pendant. The new circuit board will replace a membrane switch control board ...
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1answer
30 views

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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1answer
50 views

Under “first to file” law, doesn't that mean someone can patent-troll any currently existing product?

If "first to file" is the only thing that matters, then it doesn't matter even if the product already exists. Say a patent troll picks a popular product already in use by millions of people. They see ...
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4answers
70 views

How to know if someone infringes your patent?

I want to patent a methodology for computing an important value, which is often reported by companies. My methodology gives a much better estimate of this value. The patent application attornies asked ...
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2answers
58 views

Can a company sue for patent infringement if they aren't actively using the patent?

I am currently looking into launching a product, and did some patent research. There is a patent for an idea similar to mine (enough for my idea to infringe some of the claims), but the company doesn'...
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0answers
27 views

Commercial product using GANs

I am thinking of creating a commercial product using GAN neural networks. How can I find out if the work done so far by others on which I will build upon is not patent protected. I would not want to ...
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1answer
26 views

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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1answer
31 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
36 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
28 views

Same usecase, different method - is this infringement?

So we are a cash strapped startup with almost zero budget for a proper FTO. We have done a patent landscape analysis in order to get an idea of similar patents. To date, we can't find any similar ...
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1answer
28 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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1answer
34 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
45 views

infringing on a patented “tangible” algorithm?

I have 2 questions regarding algorithm "tangibility". Let me give an example. Suppose I had this great algorithm for music processing, and at the heart of the algorithm is this special set of ...
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1answer
28 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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2answers
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[In]Validity of Patents

Does every patent invalidity search is conducted to overcome the threat of infringement suits imposed by their competitors? Can parties invalidate patents of their competitors without showing concerns ...
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1answer
34 views

where can i fetch the PDF for the reference AU2018900444A0

Since the reference AU2018900444A0 is published and assigned to Resmed, where can i fetch the PDF for the said reference. Your help will be appreciated.
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1answer
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Adding onto an existing Patent

So, I came up with an idea, and after some research, I've identified someone doing it already and they own a patent. My idea has some variances, but they are similar. I'd like to avoid disclosing ...
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2answers
30 views

“Importing” into Patent-Issuing Country

I have a patent for a controllable-pitch propeller. I have filed successfully in the US and the patent should issue shortly. For various reasons, I did not file in foreign countries. My question is,...
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1answer
34 views

US App Developer Patent Troll Avoidance Checklist — Publishing as individual vs as Company

I am working on a checklist (or list or strategies to consider) for new individual developers residing in the US who are about to release their first app, but are worried about patent trolls. Whether ...
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1answer
27 views

US App Developer Patent Troll Avoidance Checklist — To Release In The USA or not?

If a US-based software developer distributes their application worldwide everywhere except the US, is the developer immune from infringement suites from patent trolls in the US? Does this affect ...
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1answer
21 views

Can the same patent be extended to a new country without one of the original co-author

Back in 2017 I signed a patent contract with the company in which I used to work as one of the co-authors of an invention that was going to be patented in Europe. In this contract I was forced (...
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1answer
37 views

Waiting for my application to be processed

I have applied for a provisional patent on USPTO website. The USPTO people told me that it will take between 4-6 weeks untill they process my application, and in a meanwhile I cannot disclosure my ...
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3answers
59 views

Can I sell a product online (based out of Canada), if there is a patent on this same product in US?

I was in the process of starting an online business then found a company already selling this same product in US. On their website it says they have a patent pending on it. How would this affect my ...
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2answers
35 views

Can industrial processes described in patents be replicated in Not-for-profit organisations without a license?

I wonder if the processes described in patents can be replicated in not-for-profit organisation, that is, organisations that by statutory contract do not aim to commercialise a "copied" version of ...
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2answers
47 views

Invention Protection for a Device With Two Different Mechanisms

If there is a device -I know that it have never been existed before- that can be implemented by two different mechanisms, lets say one rotary and the other is a linear movement mechanism. And they are ...
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2answers
87 views

how to judge if anyone infringes my invention?

My invention has A, B, C and D components and they are connected with each other with that order. Somebody claims to have a new invention with an addition component Z with my invention: Case 1: If ...
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2answers
68 views

Where is the line between hardware and software?

Lets say that someone creates an mobile app (Android/IOS) that is identical in function to a TI-85 calculator... in fact it is a perfect representation of it and identical in function and appearance ...
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2answers
56 views

Can a patent be granted if the idea infringes?

I understand that patents are a "negative right," but... Is it a reasonable assumption that patents aren't granted if they infringe on prior patents? Is there any precedent where a product (that is ...
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1answer
31 views

Does disclosure of an invention forever bar anyone (except you) from patenting it?

If someone discloses/markets a genuinely new (patentable) idea without patenting it (allows 12-months to go by without filing a provisional), does that mean that noone else will ever be able to patent ...
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1answer
41 views

Have patent trolls ever gone after an individual?

When publishing mobile apps, both on Android and IOS, one has the choice of registering as an individual, or as a company -- presumably an LLC. Is it legal to assert a patent against an individual ...
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1answer
56 views

US App Developer Patent Troll Avoidance Checklist — If a mobile app is free (donation only), does that indemnify against patent trolls? [duplicate]

I am working on a checklist (or list or strategies to consider) for new individual developers residing in the US who are about to release their first app, but are worried about patent trolls. Whether ...
2
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2answers
56 views

Is it necessary to define the expected usage scenario for a patent?

Let's say PERSON A has a patent idea for a new type of golf club... and in their patent application, they say the reason for the invention is that golfers need a better tool to do x,y, and z to help ...
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2answers
68 views

is this patent US 9401941 only valid in US? or other countries too?

I have seen a website patent which is granted in US. My question is this patent valid only in US or other countries too? If I make a same website in Germany, then I am infringing their patent?
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1answer
31 views

Impact of claim scope on potential infringement

It happens often that patent claims have as broad a scope as they can get away with. However, I have heard that, if your invention can be in general described by an independent claim of a third-party ...
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2answers
30 views

Did this company patent a type of auction?

I built a mobile application reverse auction where for 60 seconds the price of an item falls and multiple users have the chance to enter to buy this item. The first person to enter wins the item. ...
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1answer
24 views

How does ClickMeter operate without infringing on Omniture's patent?

Omniture has a patent to its credit that deals obtaining link-related information using link-tracking servers. This is identical to the way that ClickMeter operates. When I search Google Patents, it ...
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2answers
149 views

Hello dear community, I am a third party seller on Amazon, and I received an infringement complaint stating my product infringes on a design patent

From the images depicted in a design patent, from what I know about the design patents, I can clearly see that designs are different, as well as the materials. Am I right? Can I defend the claim that ...
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1answer
41 views

Set-theoretic view of dependent vs. independent claims

I know that the role of dependent claims has been thoroughly explained in another post in this forum. However, I wanted to clarify something, to see if I am getting this right: A dependent claim must ...
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1answer
49 views

Can I develop a product in the UK that has a US only patent?

My idea has recently been granted a patent in the US. I am based in the UK. Can I still develop and market the product in my local territory? I assume the US patent holders could apply and be granted ...
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2answers
53 views

Can I sell a product that uses patented components?

I would like to sell a product that uses a device that is currently under patent. If I buy the device from the company and screw it onto my product, (which does something unrelated), can I sell it?
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1answer
87 views

Online Game Patents

So i'm quite new to this and i've been trying to find something about this subject, but most of the questions people are asking are if they can patent their game, and i'd like to know what games i can ...
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1answer
40 views

How to I search for patents related to for videos/images/voice recorder?

I am planning to make one online gallery mobile application. In my mobile application I have to upload videos/Images/Voice Record message into cloud and showing in my User Interface. But is there any ...
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2answers
39 views

Design Around Existing

I have been designing a device and acompanying software and recently found an extremely broad utility patent that has a claim that is very similar and covers the some of the general functionality of ...
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1answer
24 views

Can I patent and create an existing service with a different name, in a different state?

If I wanna patent my idea.. but there currently already have an app of it in a different state for which it's present, could I use and patent my idea that's similar to the existing one without getting ...
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1answer
161 views

What patents are IBM claiming Groupon infringed upon?

As per the title, I wondered specifically which patents IBM has alleged Groupon has infringed upon, in its $167 million case: https://www.reuters.com/article/us-ibm-groupon-lawsuit/ibm-seeks-167-...
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1answer
83 views

Can you sue for software patent infringement after 6 years from the patent expiration date?

I was reading the JPEG Wikipedia article, and found this quote: The patent expired in December 2007, but Princeton has sued large numbers of companies for "past infringement" of this patent. (...
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1answer
166 views

Is there a statute of limitation on software patents?

Is there a statute of limitation on software patents? If there is a statute of limitation, when does the statute of limitation period goes into effect, is it after the release of the software that ...
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1answer
123 views

Can the developer of a free software be sued for damages because of an accidental patent infringement?

Assume that I created a free software that accidentally infringes on one or more software patents. Can the holders of these patents sue me for damages, even though I did not make any money from the ...