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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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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
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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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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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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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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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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
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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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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
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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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If a mobile app is free (donation only), does that indemnify against patent trolls? [duplicate]

As long as an app is free does that mean that nobody can sue you for patent infringement?
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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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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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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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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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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
143 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
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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 ...
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1answer
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Can I be sued for damages for patent infringement that are more than my actual profit?

Assume that I created a software that accidentally infringes on 5 software patents, and then I sold this software for a number of years and made $10,000 in profit. Can the holders of these 5 patents ...
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1answer
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Manufacturing a patented product

Good evening, I own a patented product and have found a company that has the ability to manufacture it in-house. Is there certain paperwork that needs to be in place since the product is patented or ...
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1answer
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China has patent

What happens if you manufacture something that someone else has a patent on. A company in China has a patent on the product that I also thought of and would like to make. To date the other ...
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1answer
27 views

To redesign an existing invention to serve another purpose

I have an idea for a different purpose. The invention that already exists has another purpose. Mine would serve as another idea for another purpose.
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0answers
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Buying an abandon patent [duplicate]

I trademarked an abandon company name and they had patent a product 100 years ago am I entitled to the patent or can I reinstate it?
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1answer
40 views

Provisional Rights vs 'Intervening Rights'

Provisional rights are intended to give remedy to a patentee who's issued claims were infringed during prosecution. See here. On the other hand, are any sort of "intervening rights" (usually ...
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1answer
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What Exactly Is It That Is Covered By This Resource Mechanic Patent?

In reference to the patent: US7216870 Does this mean that one cannot create a game that allows players to gain a resource when playing a card? Or would making resource accumulation as part of a ...
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1answer
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Can an improvement be made on a patent and then made in the public domain?

I have design improvement to the rubber glove for restaurants that work with gloves in front of the customer. It will reduce the cost significantly on production and material. Can I make it in the ...
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1answer
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Am i infringing on this existing patent? i have build something based on existing patent ( improved)

Am I infringing the patent in this case? https://patents.google.com/patent/USD747895S1/en?oq=award+medal+rack [![enter image description here][2]][2] [2]: https://i.stack.imgur.com/XUKEx.jpgstrong ...
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1answer
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Can I patent an idea for an app?

If i have an idea for an app, can I patent it so that no one else executes the idea first while I am still working on it?
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0answers
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Is Time-based One Time Password patented?

This question explains how authenticators like Google Authenticator and Authy are able to generate one-time passwords without connecting to a server. Are there any patents preventing someone from ...
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2answers
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Patent infringement on a very simple invention?

Our competition has patented a very simple device. Its prior art was a coffee spoon with a hook on the end, to hang it over the edge of a cup. The invention modified the spoon a bit (shape is bent, ...
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2answers
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How would do entrepreneurs know if their idea is not infringing any patents

There's the idea to build a business out of, but how would I know I'm not infringing any of those thousands of applications and grants? It seems to be impossible to read the claims in all of those in ...
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1answer
29 views

Using a design with pending patent (application) then patent is approved

If you use a technology design that has a non-expired patent application, once that application has been approved, assuming it will, then will the product be considered a patent infringement? Are ...
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1answer
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beelinereader patent coverage

I am a fan of beelinereader, I want to use same idea to implement a reader app,in their website it is written that their technology is patented as here https://patents.google.com/patent/...
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1answer
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Charging labor to modify another persons patented product

can i modify a patented product that is owned by another person and charge for my labor ? for example if a person wanted there crossbow modified can i charge them for the modification ? is this patent ...
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2answers
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I would like to have contact information for the inventor

Craig 623-552-8216 I have been ripped off by an attorney that claimed he was going to partner up with me. He disappeared over night from Chandler Az. Apparently moving to California and ...
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1answer
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If I open a store, and sell multi layer golf ball as my brand, am I in trouble?

I started manufacturing some multilayer golf balls for sale and I discovered that there is a chance that the construction is protected under invention? According to what I found in Google Patents, it ...
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1answer
69 views

Since this patent is expired, can anyone in the world freely manufacture this and sell for proffit?

The patent US 5782079 A is filed on February 1997. So it's been more than 20 years since it first patented. So this means this patent is no longer protected by the patent. So, can this be manufactured ...
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1answer
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what happens if chinese person filed a patent of a machine which is already patented in USA by an other person?

If the machine is already patented 3 years ago in the USA and if Chinese person patent the exact same machine in china, what happens? what will be the limitations to the Chinese person? And ...
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0answers
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Does this patent cover up the use of a chuck to screw on to a threaded pipe

In reference to the patent: US8567823 Does the patent block the use of chucks on threaded tubes?, my design uses a rotating wheel to screw the chuck on which is locked at the end
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2answers
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Do Patents cover the idea or the specific build?

In a nutshell, I designed a water pump and I want to get a patent for that. I found that other patents have similarities of about 80% as my design. The main differences of my design is angle of blades ...
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1answer
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Does this Patent cover the hair cover itself?

In reference to the patent: US20170056751 If I design a hair cover that is made to attach to protective headgear am I in violation of this patent? The product would solely be a hair cover, with ...