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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Does a free range rule infringe upon a fixed rule?

Patented invention / process / system: 1) X is a predefined number known to the user. 2) If A and B occurs, then the user wins X balls. Potential infringer 1) X and Y are predefined numbers known to ...
Bear Bile Farming is Torture's user avatar
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1 answer
49 views

Could I sue some company if my patent application was pending or rejected?

it takes more time than I expected, and I am confused with my project, a lot of plan was delayed? could I contact potential licensee before my patent granted, how about the company use my patent and ...
cmabill's user avatar
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How can I find patent number 2208003.0?

I am interested in selling a product but an other seller (on their website) claims that this product is patented. I have contacted the seller and he says "Our patent number is 2208003.0. This is ...
Naeem ullah's user avatar
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0 answers
39 views

the Ownership of Patents between Former and Current employer

If an employee, John, switches from Company A to Company B, and the nature of John's work is similar at both companies, and John applies for a patent at Company B related to the same field he worked ...
RAEER's user avatar
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Is settling a civil patent infringement case via mediation considered estoppel in a possible ex parte review"

Two years ago, my small two-person firm was sued in US Civil Court for patent infringement. The cost to fight this case was astronomical- so we agreed to mediation quickly to keep the business going. ...
Matt Anderson's user avatar
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1 answer
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does an app that uses the accelerometer imbedded in smartphone infringe patents?

I built an app that uses the accelerometer embedded in smartphones. I received a letter advising me that I am infringing on patents of the systems in the smartphone that monitor and track movement. ...
Stefan Benn's user avatar
1 vote
1 answer
42 views

How was this Bitrex based repellent invention able to be patented while there were already similar bitrex based products invented before?

While browsing patents.google.com I stumbled on this invention that was patented in 2020. Its a repellent that's primarily based on the bitterant Denatonium and can be used to make certain plants ...
Maurice's user avatar
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1 answer
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What happens if someone gets a patent granted and starts selling products but someone else had a patent for the same invention before that?

Let’s assume Person A gets a patent grant for their invention and starts producing and selling a product based on that invention. After the patent opposition period Person B sues Person A for ...
Creativity Overflow's user avatar
0 votes
1 answer
44 views

Patent infringement for patent based vector and the sequence

In biotechnology area, the product claims of patents which are based vector(carrier) and the sequence always starts as "protein encoded by bla bla" However, what i understand is the sequence ...
ASA's user avatar
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1 vote
1 answer
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When is a Patent broken?

I am trying to perform a particular reaction. As a result, I am using a methodology applied in a 1976 Paper. However, I see that someone (not the authors of that paper) has patented a process very ...
Solid - NMR's user avatar
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2 answers
113 views

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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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 ...
zunior's user avatar
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2 answers
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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 ...
Syed Ali's user avatar
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1 answer
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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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1 answer
51 views

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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1 answer
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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 ...
Thomas's user avatar
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1 vote
0 answers
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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 ...
Bear Bile Farming is Torture's user avatar
1 vote
1 answer
151 views

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/...
Bear Bile Farming is Torture's user avatar
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2 answers
17 views

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?
Bear Bile Farming is Torture's user avatar
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1 answer
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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?
Bear Bile Farming is Torture's user avatar
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2 answers
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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?
Bear Bile Farming is Torture's user avatar
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2 answers
14 views

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 ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
65 views

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 ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
13 views

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 ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
14 views

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
40 views

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 ...
Bear Bile Farming is Torture's user avatar
0 votes
2 answers
57 views

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 ...
techbech's user avatar
1 vote
1 answer
66 views

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 ...
Jerry Stoddard's user avatar
3 votes
2 answers
128 views

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 ...
Marko's user avatar
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2 votes
2 answers
49 views

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;...
Marko's user avatar
  • 95
2 votes
3 answers
255 views

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?...
Marko's user avatar
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1 vote
1 answer
58 views

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 ...
Bear Bile Farming is Torture's user avatar
1 vote
2 answers
77 views

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 ...
Marko's user avatar
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0 votes
1 answer
33 views

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?
Bear Bile Farming is Torture's user avatar
0 votes
2 answers
139 views

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 ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
15 views

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 ...
user avatar
2 votes
2 answers
228 views

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 ...
Евгений Павлов's user avatar
0 votes
1 answer
31 views

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 ...
Marko's user avatar
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0 votes
1 answer
502 views

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, ...
Marko's user avatar
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2 votes
1 answer
78 views

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 ...
Big Rich's user avatar
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0 votes
2 answers
87 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
1 vote
1 answer
49 views

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, ...
Zero's user avatar
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0 votes
0 answers
119 views

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 ...
Bear Bile Farming is Torture's user avatar
0 votes
0 answers
21 views

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.
Glenn's user avatar
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0 votes
2 answers
127 views

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. ...
user8731804's user avatar
1 vote
1 answer
60 views

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 ...
CuriousityAbounds's user avatar
0 votes
1 answer
39 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 ...
Sazzad Hissain Khan's user avatar
2 votes
1 answer
109 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 ...
Sazzad Hissain Khan's user avatar
1 vote
2 answers
51 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 ...
Sazzad Hissain Khan's user avatar
0 votes
1 answer
52 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 ...
Dan21's user avatar
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