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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 ...

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1answer
408 views

Jurisdiction of a US patent?

Just read Top 10 (US) Patents for 2014 and spotted one that essentially covers a business process that's only really applicable outside of the US: Bank of America’s the Foreign Currency Solution (U.S. ...
6
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5answers
790 views

Prior Art for Onsite backup for internet-based data processing

Our startup is trying to provide a backup solution for Google Apps for your domain. In principle it's a software running on the client computer. Our software then connects to Google via APIs (GData) + ...
5
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2answers
976 views

Possible US patent infringement and German company

We are currently trying to set up a startup that sells a software product online. The software can be downloaded worldwide and paid for via Paypal. Our company is a limited liability company based in ...
2
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1answer
308 views

Has anyone used copyright infringement in the application, as grounds to block / revoke / force the re-examination of a patent?

Just read "this-is-a-direct-copy-of-a-previous-patent-we-own", in conjunction with "Are text and images in the patent copyrighted?", and "Can I copy texts from other applications into my application?"....
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2answers
603 views

Consequences of unwilful US patent infringment by a foreign legal entity when establishing US presence

Suppose the following situation: A company is incorporated in a country other than U.S.A., which does not allow software patents (e.g. EU member countries). This company produces an invention as a ...
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4answers
9k views

Can game mechanics be patented?

There's a board game that I really like called Mystery Mansion. I want to make a similar digital version of the game for various mobile platforms, but I don't want to get sued by Milton Bradley (Now ...
3
votes
1answer
422 views

The patent WO2013041665A1 is a copy of public knowledge

In reference to the patent: WO2013041665A1 The patent WO2013041665A1 is a copy of the multiplication method: Sustainable Sugarcane Initiative (SSI). No presents innovation, this multiplication system ...
8
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1answer
3k views

Why did my patent on game rules not prevent these subsequent design patents?

I invented a game whereby I took the game called 4-Square and raised it 7 feet in the air and so you play it like a 4-way volleyball game ... 4-Square in the air. I obtained Patent US 7,608,000, ...
6
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2answers
3k views

General knowledge on how software patent-infringement lawsuits are evaluated

Technically someone has to check the suspected software code, to see if it infringes a specific patent. But What if the suspect claims, that it is his companys own trade secret? are trade secrets in ...
6
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2answers
3k views

How does one know if a patent was reexamined?

Is there a public database that show whether a US patent was reexamined or challenged in any other way? If so where is it?
2
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2answers
487 views

is there an infringement between this patent and lufthansa us8216392 patent?

lufthansa us8216392 and Gas T. E. us7445677 is very close to eachother and I assume there is an infringment. If you search lufthansa cyclean pictures and patent drawing of us7445677 you will see ...
14
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2answers
699 views

What are the possible consequences of using software developed outside of the US that infringes a software patent?

Suppose I'm developing a software and I operate in the country that doesn't recognize Software Patents. I make my software available for users in several countries including the United States. What if ...
9
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1answer
18k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
3
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1answer
1k views

Determining if patent is international?

I am currently looking into patent US20110202766. I am new to patent law and I would like to know if the given patent is US-only, or international. How can I find out about where does a given patent ...
7
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1answer
4k views

What is the role of dependent claims?

I am very new to filing patents, What is the role of dependent claims? Couldn't I just have one claim with any details required? What is the difference in haveing one, two, or ten claims? When I ...
5
votes
1answer
99 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 ...
4
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3answers
6k views

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 ...
4
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2answers
1k views

Would it be infringement if I re-use a PART of a patented product in my own design?

If I purchase an existent patented commercial product, extract one specific part out of it, and re-use that one part in my own design (as part of a device that I manufacture and then sell), is this ...
3
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1answer
227 views

Can it be a patent?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
5
votes
2answers
89 views

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 ...
3
votes
1answer
210 views

3rd party filing a patent based on an idea posted to my blog

Can a third party file a patent based on a idea I have listed on my blog and made public under a creative commons license? Are improvements to the idea patentable if the original idea was published ...
3
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1answer
72 views

How to deal with two aspects of invention in claims

So, assume I have a software invention with two aspects. Let me provide an example to simplify things. Assume I invented a client and server. The client and server both communicate with one another. ...
2
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1answer
350 views

What parts of Bouncy Castle are affected by patents?

Given that Bouncy Castle is an Open Source project, it's entirely possible that the contents contains implementations protected by various patents. Since it's possible for the patent holder to sue ...
2
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1answer
56 views

Does non-enabled use constitute infringement?

Consider a patent with broad specification and claims. Would it be considered infringement if one then practices the invention in a way that was not PHOSITA-enabled by the spec/claims at the ...
2
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2answers
2k views

When does a patent prohibit the use of a patented product in another product?

I have learnt that "A patent owner has the right to exclude all others from making, using or selling products or services containing the claimed invention." It is the "using" part I don't understand -...
2
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1answer
220 views

Is it not better in practicality to avoid searching software patents in your domain

Premises: Any complex software product uses many algorithms, steps, techniques and so on There's a patent on almost any method and system in software, even such that are trivial by now but still didn'...
2
votes
1answer
295 views

Do patents offer protection from private use?

Say I patent an innovative method or device for creating ice-cream. I am in the ice-cream business itself, not device manufacturing. Suddenly, some competitor appears claiming to use a trade secret ...
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1answer
139 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 ...
1
vote
0answers
129 views

Prior Art Request for US20140296324 A1 (Virovek Incorporation) —Vectors harboring toxic genes, methods and uses therefor

This application from VIROVEK INCORPORATION seeks to patent a method of healing cancer! 10 minutes of your time can help narrow this US patent application before it becomes a patent. QUESTION - Have ...
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2answers
143 views

Is It Possible to Notify Small Infringers With An Informal Letter

I was just issued a design patent 10/27/15 (application filed 2/13). The problem is that in the last 2.5 years since I applied for it, many small vendors have taken my design and are selling it ...
0
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1answer
178 views

US6108955 A patent seems to be expired

After doing some more research. The patent us6108955a has expired. So if that is the case then I should be able to start my company using this system without fear of any legal recourse. Please tell ...
0
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3answers
177 views

How the idea or solution should be protected before having a patent for it

I've written a technical paper and have sent it for publication. There's a chance that some other can make use of my paper and file a patent before me. How to protect the paper, when we are publishing ...