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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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0answers
98 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 ...
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2answers
480 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 ...
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1answer
100 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?
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1answer
252 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
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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 ...
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0answers
84 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.
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0answers
35 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 ...
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1answer
113 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 ...
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1answer
49 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 ...
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1answer
110 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 ...
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1answer
17 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
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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 ...
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1answer
61 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 ...
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1answer
161 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
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1answer
85 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. ...
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1answer
42 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 ...
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3answers
144 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
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3answers
106 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
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2answers
198 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 ...
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3answers
98 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
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1answer
34 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
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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
48 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 ...
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2answers
29 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 ...
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1answer
49 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
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1answer
66 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 ...
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1answer
41 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 ...
2
votes
0answers
64 views

This patent looks to be a spam/troll attempt

In reference to the patent: US20100313926 I'm an electrical engineering major that just graduated with my masters degree. I was looking at zeolite applications and I stumbled onto this patent. After ...
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0answers
43 views

What's the point of a patent?

I go to the store and I see many knock offs of name brand items that look and taste just like the original. Sometimes even the box look a like. This also goes for toys, phones, cars etc. Whats the ...
0
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1answer
55 views

Natual Language processing patent by Oracle

Oracle holds a Patent US20130103391 "Natural language processing for software commands". I didn't exactly understand what they actually claim. Anyway, If I publish an ERP program that has a search box ...
0
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1answer
38 views

Is this patent still up to date?

In reference to the patent: US20160108345
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1answer
73 views

fabricated data in the patent application

I am aware of the presence of fabricated data in a patent application. Whom should I report? What are the consequences to the reporter and the applicant?
1
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1answer
126 views

When does the patent on the CPR manikin (US4984987) expire?

When does the patent US4984987 expire? Does the CE Approved CPR and AED Training device infringe this patent?
0
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2answers
83 views

What are the legal rights and royalties based on a recipe?

If someone (person D) taught said (person S) a recipe to make something and they have since used the recipe and came out with a product. Does the person D who taught them the recipe have any rights, ...
2
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3answers
134 views

How big a priority is it for me to apply for patent of my software algorithm?

How big a priority is it for me to apply for patent of my software algorithm? It’s used in a prototype for an actual product (A), and a proof-of-concept for product (B). (B) has a very interested ...
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2answers
113 views

My competitor and I both have patents. And now they are sueing me!

My competitor and I both have Patents on a specific designed product. My Patent goes as far as to "reference cite" their Patent right on the cover of my Patent.. How can they sue me if the Government ...
0
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1answer
36 views

Patent Infringement?

In reference to the patent: US7455257 Is this patent claiming that no scuba diving reel on the market can have a level winding mechanism without infringing the claims of this patent?
5
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1answer
109 views

How do I collaborate with a company who may have a provisional on my idea?

I'm trying to get a company to licence my idea, however, they claim that they already have a similar idea but that they could potentially find improvements/best practises to their idea from ...
2
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1answer
635 views

How do I know if I am infringing a patent?

I am developing a 3D modeling application. How can I know what is considered as part of the sketchup patent? The extrude tool is obviously common to all 3D modeling softwares, that makes me think ...
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1answer
42 views
0
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1answer
45 views

Obtaining Design Patent on expired similar design patent

I have designed and manufactured a sport goggle similar, but not identical to expired (or non-renewed) patent 4176410. My goggles have a different style, configuration (pointed edges vs squared), ...
4
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1answer
46 views

Utility patent prohibiting against certain content

Suppose a claim in a patent reads: A method of custom quotation for manufacture of a part, the method comprising: ... using a processing device automatically generating a ...
2
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2answers
116 views

Is my work infringing/violating this patent?

My name is Steven and i'm based in UK. I wanted to ask if my work on Chrome extension is infringing/violating this patent:US20130132904or US8869068 by any chance? https://chrome.google.com/webstore/...
4
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2answers
84 views

Avoid infringement by replacing a specific component

Suppose the Claim 1 of a patent is as follows: An assembly comprising: ...; a threaded nut positioned at least partially within the housing such that the nut is fixed against rotation ...
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1answer
52 views

Combining 2 items to make a single

I have tried searching this answer till i am blue in the face, but it is difficult for me to interpret other examples to my situation. I'll keep it short: (For the sake of discretion, I will use an ...
0
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2answers
300 views

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
121 views

How do I know if I infringe a patent?

I am developing a 3D modeling application. How can I know what is considered as part of the sketchup patent? The extrude tool is obviously common to all 3D modeling softwares, that makes me think ...
2
votes
1answer
107 views

What are my options for innovating if a technology is already patented?

Say I saw the present state of a technology not change much in 20 years as a result of a patent. That is, the patent holders failed to innovate. Is there a way for me to start the innovation process? ...
0
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1answer
641 views

Is Microsoft Excel functionality patented? [duplicate]

I have been looking for open source javascript spreadsheet software that implements Excel functionality closely (down to spreadsheet functions, keyboard shortcuts) but what I find is that every other ...
2
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1answer
93 views

Providing mathematical proof for a patent?

I have friend that I will ask for his mathematical analysis of my work, it's somewhat complete but needs further analysis using mathematics, if my friend does that, would he/she be considered a co-...