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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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[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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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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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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“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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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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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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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 ...
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1answer
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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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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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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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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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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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Effect of remaining term length

Is going against prior art that conflicts with my patent or product with 10 years remaining or 10 days remaining the same? edit: If in my invention or product uses an invention that was previously ...
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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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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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Legal ramifications of including research algorithms in software products sold to clients

If I am a UK-based software vendor or 'software as a service' company, what are the legal implications of including academic research algorithms in products sold to European and international clients? ...
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1answer
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is the patent for adding a any kind of magnet to the lash

In reference to the patent: US20160206031 I just wanted to know if other companies are aloud to sell the magnetic eyelashes? is the patent for adding a any kind of magnet to the lash (whereby no ...
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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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How to determine Canadian patent life-time?

Is patent CA 2561773 A1 still valid or pending? Event shows: dead in 2008 Please inform of risk of patent infringement.
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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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Dependent claim from invalid independent claim

I'm following an Inter Partes Review where the petitioner is trying to invalidate every independent claim of a patent based on prior art. If this is successful, some dependent claims will remain. ...
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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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2answers
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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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1answer
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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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Patent enforcement

Can a US company which does not hold a patent for a product or method sell a US patented product or use a US patented method overseas without a licensing agreement? Is a US patent enforceable against ...
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Does the GS1 MCS industry guideline use US patent 8228198?

In March, 2012, all of the UHF Gen2 RFID chip manufacturers agreed to support Multi-vendor Chip-based Serialization (MCS), a voluntary implementation of a GS1 guideline for encoding 96-bit Serialized ...
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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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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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6answers
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Do Patents cover the idea or the specific technology?

I have a friend who has as idea for a product based on technology he invented. The problem is that we have seen another company that basically does the same thing, although it works differently. The ...
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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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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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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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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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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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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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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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Failure to pay Patent maintenance

If the patent is "Expired due to failure to pay maintenance fee" what happens to the patent? That is, can the idea be produced?
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How does patenting regarding Bluetooth technology work?

First of all, thanks for your time! Bluetooth technology basically uses a short radio to wireless connect two devices. I was wondering if it is possible to patent the use of Bluetooth technology ...
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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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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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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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3answers
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Does patent US8396664 mean that no one in in the continental USA can 3d map golf courses?

In reference to the patent: US8396664 With the above patent in effect, does this mean that no one else in the continental USA is able to 3D map a golf course?
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3answers
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A patent with both apparatus (i.e. system) and method?

I read a while back that one's goal should be a patent that is a method, a system and a means (I don't quite know what a means is). Is this actually a good goal? I also read that all the steps of a ...
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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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1answer
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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
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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 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 ...