Stack Exchange Network

Stack Exchange network consists of 174 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

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 ...

0
votes
0answers
38 views

If someone owns a patent, does this mean they some sort of rights from places that use their invention?

https://www.google.lk/patents/WO2000073955A9?dq=ininventor:%22Michael+F.+Guheen%22&cl=en I happened on this and started wondering why this guy doesn't own half the Internet because shopping carts ...
1
vote
1answer
59 views

How can I tell if my product would infringe on a previous design patent?

I am looking to manufacture and sell a "cocktail shaker set" I've found a few patents that might prevent that, but I have no idea how patents work nor do I know if so.ething this broad can be ...
1
vote
1answer
28 views

Utility patent specifies decorative purpose

US6155695 specifies decorative lighting. Would a similar product that serves a clearly non-decorative purpose have any risk of infringing this patent? Would a non-decorative version be patentable?
1
vote
1answer
75 views

If each country is resonsible for its own patents, can an invention be copied from one country to another?

I'm new to patents and am a bit confused by the whole system. To my understanding a patent is applied at a federal level. Does this mean someone can go to France, see an invention that is patented ...
0
votes
1answer
94 views

Is it possible to write software that doesn't infringe on patents?

I'm working on app not similar to Uber, but one that also facilitates peer-to-peer economic activity. However, I recently came across a patent filed by Uber, entitled "Providing a summary or ...
2
votes
4answers
102 views

Someone stole my computer program and said he will patent it. How can I check if patent exists?

First off sorry if this isn't the right place, I am new here. I took a job creating a computer program for a client. No formal contract was signed, though he did agree to pay me a flat rate. I gave ...
4
votes
2answers
51 views

What if the cloud is located where the patent is null?

In reference to the patent: WO2017054090A1 I just wanted to know if someone can barely do the same thing as claimed but with a cloud located where the patent is not filed/granted/valid. For exemple, ...
2
votes
1answer
40 views

How is patent infringement usually being discovered?

Suppose I developed a novel video compression algorithm that compresses video in a higher rate than commonly seen method, and I patented it. Now I want to discover whether some other companies might ...
0
votes
1answer
40 views

What happens if a patent has claims that infringes prior art got granted?

Suppose company A thought they developed something new and attempted to patent it. But in actuality company B already patented the same thing a few months ago. However when company A was filing the ...
1
vote
1answer
228 views

If a patent expire can someone else repatent it?

I came up with an idea to solve a major problem but Theres was already a patent out. But it was patented back in the 40s and have since expired. But i see similar patents which are newer. I am not to ...
1
vote
1answer
45 views

How do vanishing stories on WhatsApp not infringe Snapchats patents?

Looking at Snapchat's patent Ephemeral message galleries it would seem, at least superficially, that vanishing status updates on WhatsApp do exactly what this patent protects. I copy the relevant ...
2
votes
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 ...
0
votes
1answer
462 views

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 ...
0
votes
2answers
51 views

I am concerned about some cosmetic products from different brands that all have same patent number. What does that mean?

I am the owner of a similar cosmetic and I want to know if in my packaging I must add same patent number, or if I need to ask for the permission of the patent owner to do that. The product is not same ...
0
votes
1answer
43 views

Can I manufacture and sell the product shown in US 2010/0180382?

I would like to manufacture and resell this product. What steps would I have to take considering it has a patent? Would changing the size of the product make it okay or adding a strap to the product ...
0
votes
0answers
35 views

Patent exhaustion: services utilizing a patented device

Assume a patent is awarded with apparatus and method claims applying to some device with an intended process. For example, consider a potato peeler intended to be swiped across potatoes, in which ...
0
votes
1answer
33 views

Markham window or Anderson window? Who was first?

In reference to the patent: US1116828 I found the original patent and the physical model for this patent will cleaning up. I am interested to know if this preceeds Andersen Window patents. This was ...
0
votes
1answer
64 views

Is this patent #7,927,287 still valid and in force?

Is this patent #7,927,287 still valid? For me is a copy of #6,467,430
0
votes
1answer
42 views

How can I decide whether a patent is infringed?

Say I have a patent whose claimed invention is a series of actions performed by a user as: User enters a pub Orders a beer Pay with credit card Leaves the pub Now say I discover that someone else, ...
0
votes
0answers
56 views

If someone file for a full patent after i file for a PPA can they steal my idea?

This information may be wrong but as im researching patents and PPAs. I heard if i get a PPA then after someone file a full patent if i don't get a full patent after my PPA ended they can legally take ...
0
votes
0answers
22 views

If i added an improvement to my PPA using only a drawling am i covered?

Lets say i come up with a new improvement to my invention and want to file another PPA and tag it on my old one. If i only include a drawling but no claims, am i protected at all? If Someone try to ...
0
votes
1answer
46 views

If i have 8 claims and Someone uses 7 of them in the same order can i take legal action?

This is hypothetical I am new to the patent world. I heard that when you file a patent and make claims, you must break your invention down. And if no one has had that combination your patent will be ...
0
votes
1answer
20 views

Can person A make person B's patented design a reality?

Let's say person A has patented a machine that converts apples into oranges. Can person B go ahead and make use of this patent and start mass producing the machine while crediting A for his idea?
0
votes
0answers
83 views

Could this be a design patent infringement?

I have a product that I am at the last stages of importing and have stumbled on a another product of similar design that is currently in application (29598689) of a design patent. As the product ...
1
vote
2answers
317 views

Must I infringe on EVERY PART of a claim to infringe…?

I have a question regarding how “close” a product can be in terms of IP infringement in the US and the use of language in a claim. We make a specific kind of paracord / kernmantle. This includes ...
1
vote
1answer
99 views

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?
1
vote
1answer
202 views

How can I determine whether my product infringes this patent?

I have an idea that I am currently researching and I cannot find a product like it on the market. I looked through some existing patents and am now curious what I should be looking for. I do realize ...
27
votes
6answers
6k views

Is it worth patenting an algorithm if I don't have the money to defend against infringements?

I have some algorithms that I am considering patenting, but I wonder whether I should just trust that rivals won't simply read the patent papers and copy my ideas. While I hope that my inventions ...
1
vote
0answers
81 views

Is there a “Hey, you're selling my invention without permission. Stop that.” service? [closed]

Is there a service that culls the Internet in search of entities selling things they don't have permission to sell, specifically, something that you've patented or are in the process of patenting.
1
vote
0answers
29 views

How an infringement in a qualification method would affect a product?

Let's have the following hypothetical case: Company develops a product using method 'X' for some testing procedure qualifying it. Company releases product, development is frozen, testing no longer ...
1
vote
1answer
108 views

Creating a similar product to a patented product

In reference to the patent: USD613180 I am in interested in creating a similar product that cooks potatoes/vegetables in the microwave, but the name would be different and the design would include a ...
-1
votes
1answer
42 views

What does this patent cover? USD705533

What does this patent actually cover? If there is a key holder with a completely different design etc. but the same theory does that infringe? I mean does the look/design just have to be different or ...
1
vote
1answer
108 views

What is the effect of a US patent in Brazil?

I would like some help in regards to patent number US 20020187719 A1/ US6666740. I would like to manufacture something similar in Brazil, but don't want to infringe any patents. That is why I'd like ...
-1
votes
1answer
16 views

Using patent US 4582096 A in commercial?

Can I use the (Hand loom provided with a mechanism for variation of the distance between breast beam and back beam US 4582096 A) patent in commercial issues? US-4582096-A
0
votes
1answer
25 views

Actually invented by a different person

In reference to the patent: US1899496 I have a copy of a patent given to my great grandmother for the automatic gate for railways. The patent was given on August 28, 1928. It was awarded to her but ...
1
vote
1answer
49 views

Im looking to patent a board game

In reference to the patent: US7255348 I am also looking to patent a board game with an 8 sided board, but the game is seemingly of no similarity to mine, would the 8 sided board be an issue for me ...
1
vote
1answer
153 views

If someone else invents and patents a design 5 years after you've been selling the same design

can they make you stop selling your own invention? Can they make you pay them licensing fees for something you designed way before they did? I designed a unique baby outfit in 2008 and started selling ...
3
votes
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. ...
0
votes
1answer
41 views

What happens to the new patent, if there is another similar provisional patent (withdrawn or fee not paid ) available for public

We are filing a new patent, on one concept but there is a provisional patent available for public which is not valid (may be they have not paid the fee or it was withdrawn). Once our patent is ...
1
vote
3answers
141 views

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?
2
votes
3answers
95 views

To patent a technology on a smart device and a yet to be made apparatus

I am reading on some patents and I want to make sure I understand them right. Let us follow my example which is a custom vibrator. I have no plans on making a patent over it, I am just using it as an ...
2
votes
2answers
168 views

What does method, apparatus, computer software embodied mean

what does this sentence mean: "can be implemented as a method, apparatus, and/or computer software embodied in a computer-readable medium" I have learned that method means process. Though, is this ...
1
vote
3answers
87 views

What is the the scope of this patent

In reference to the patent: US9383820 Hello, I want to understand the scope of this patent. From what I saw they are patenting custom vibration patterns in relation to creation of alerts. Though, I ...
3
votes
1answer
26 views

Can a patent include a claim that is encompassed by an “abstract” claim rejected in a different pending application?

There is a pending patent that has a number of very abstract claims which are currently being denied for being "abstract ideas" (although the inventor may appeal at some point). I am currently working ...
0
votes
1answer
27 views

Does this prohibit other camera measuring systems?

In reference to the patent: US6490534 Would a camera-based system that took photographs of the user, but determined the user's measurements through another method( still analyzing the photos of the ...
3
votes
1answer
47 views

infringement damage validity for a descriptive PPA

If I have claims submitted along with my PPA form, and my PPA is descriptive, will I then be eligible to receive damages in a scenario where: I filed my PPA on Jan-01-2017, filed for NP (claiming ...
-1
votes
2answers
28 views

[US20160122959]

In reference to the patent: US20160122959 What is the status of this ? I have a similar design and have started to make these and was looking to get patent for it... but what to make sure i'm not ...
1
vote
1answer
47 views

Getting over patents using multiple companies

LET ME BE VERY SPECIFIC: Suppose some company - ABC is awarded with a patent, say an Operating System which can access its features through speech recognition. Suppose Another company, XYZ sells an O....
0
votes
1answer
64 views

What happens when a non-provisional patent infringes a provisional patent?

Lets say John files a provisional patent at January 2016 with claim A. Some company B decides to file a non provisional patent with the exact same claim A at March 2016, because John's provisional is ...
1
vote
1answer
39 views

Infringement Issues

How does a company become competition for a company who has an existing patent on the product that we wish to sell? We are creating a foam roller company where our initial patent search did not ...