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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
314 views

Can I make my version of a patented product

I just learned that my idea for a Tear-apart stress relief doll already exists and is patented My version has 1 significant difference, can I legally produce and sell mine?
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4answers
194 views

To invalidate a patent do you have to pay a $6,000 fee?

If you are invalidating a patent is their a fee? How long does it take?
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2answers
590 views

If you improve on a design do you still need to ask permission/pay royalties?

Say there is a patent out there for something, say a fork and I improve on the design in some fundamental way even though the core of the object is still fork like, do I still have to get permission/...
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1answer
83 views

Why to reveal (software) methods through a patent?

Say I may have a "computer-implemented invention" which is very easy on the hardware side but very complicated on the software side. I may be thinking about getting a patent for it. What would be my ...
4
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3answers
96 views

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 ...
3
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1answer
129 views

Does this commercial product infringe on Patent Application US 2012/0207809 A1?

The Iris Lightener Kit sold by Isis Cosmeceuticals contains MSM and Arbutin eye drops meant for modifying the pigment in the iris. Doesn’t it infringe on patent US 2012/0207809 A1, “Method and ...
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0answers
24 views

Cutting up a product to use as part of another product

Would I be able to purchase another company's product that I would then cut up and use as material for another product I am making without infringing or being in violation of anything?
2
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1answer
81 views

Is this patent valid in México?

In reference to the patent: USD 705,533 S Is this design patent valid worldwide? I've been selling a similar product (different in design, materials and size) for years without knowing about this, I'...
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4answers
851 views

How to build software if you're unaware of which parts can contain potential patent infringements

As of lately, I've noticed quite an increase in software algorithm patents, that is: patents that explain certain data structures and/or software algorithms. The problem I personally have with ...
3
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1answer
51 views

IP blocking or user info blocking

A web app infringes a patent which is granted in some countries. Users from these countries should not use the app, however the rest of the world has no limitation. When users are registered in the ...
3
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2answers
362 views

Selling products in the United Kingdom despite a US Patent but no EU Patent

Is it possible for me to manufacture and sell items which have US Patents but no EU Patents? I realize I cannot trade to the USA and only intend to sell within the UK. My main question relates to the ...
5
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2answers
198 views

How can I protect my invention after applying for a patent?

I have developed a new device used in automobiles and applied for a patent (as personal, not from a company). After producing commercially and releasing into the market, what may I do if someone ...
3
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2answers
98 views

Could I be sued by this side project because of Patent US5732138?

There used to be a website, lavarand.com that would generate random numbers via a camera aimed at a lava lamp. This idea was patented with US5732138, but the website has since been shut down. I think ...
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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 ...
2
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1answer
58 views

Is it true that a USPTO patent not safe from European companies?

All feedback is greatly appreciated. I'm a very young inventor.
4
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1answer
97 views

How does an “open release” affect enforcement of plant patents?

The following excerpt (with patent links added) is from Making Sense of New Apple Varieties, Trademarks and Clubs: Current Status (2009): ‘Cameo’ (‘Caudle’): An open release, this variety was a ...
5
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1answer
75 views

Does my product infringe on claim 1 of EP 2342386 A1?

I am producing a rainwater collection system and am not sure if the current system infringes on Nigel O'driscoll's Rainwater harvesting system (EP 2342386 A1), which is listed as follows: A ...
5
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1answer
548 views

Can I build a patented item (US 7,877,268) for personal use?

In reference to the patent: US 7,877,268 I would like to make this item for my grandmother. I would not be offering it to others or selling it for commercial use. Is this legal? What issues should I ...
4
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2answers
126 views

I could be sue for patent infringement just to have my website with a system or platform of a third company?

If I have my website created with a third party company and they are infringing any patent, could I be sue, just to be a user of that software or program?
2
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1answer
157 views

Are royalties due to a patent holder who's work has been cited by other inventors?

A number of years ago (in 1978) my father created and patented a type of exercise equipment. The patent has been cited by a number of other patent holders and was wondering if this meant there should ...
3
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3answers
506 views

How Do I avoid being sued for patent infringement when publishing my mobile app?

I have created an app for use in mobile phones and I intend to make the app available for sale. From my research, there is no other app that looks like mine that I've heard of, there is an old ...
3
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1answer
97 views

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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0answers
22 views

I need help about a product

I want to create a product and I want to know how I can get a patent for it. Also I want to know this: Some technologies are already patented. Lets say I will do a doorbell system Smart doorbell. ...
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1answer
81 views

hypothetical situation: utility to design patent - wanted utility patent already gone; can I create a design patent based on existing utility patent

I filed for a utility patent and afterward I found someone's utility patent that won't allow mine to be approved. A close example is: applying for a specific design for a shoe and hoping that it ...
4
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1answer
72 views

Any sort of fair use clause for software using methods years before they get patented?

This question probably was already asked thousands of times, yet I could not find any similar question. One creates a software. An innovative one with lots of fancy new things which were never ...
3
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1answer
83 views

Does this patent mean I cannot build a better system?

Is it safe to assume that due to this patent below - NO other system, web-based or other, can be put into place to compete? Can I not build my own MIS system? In reference to the patent: ...
4
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1answer
253 views

If a patent refers to the use of a “strap”, can I use a “chain” instead and not be in violation of the patent?

A patent claim states a "strap used to suspend the motor". Can I use a chain to suspend the motor and not be in violation of the patent. I looked up the definition of a strap and from what I can tell ...
3
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2answers
94 views

Does Holding a Patent protects me from other prior Patents

I have filed a patent, hopefully it will be granted. After filing, I have found an older patent, that is somewhat close to mine. Let's say the patent office doesn't find out about this patent (a ...
5
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1answer
1k views

Does Invalidation of Independent claim affect dependent claim?

Situation(pertains to US): Patent "P" has 10 claims of which Claims 1, 3, 6 were held to be invalid in Federal Court litigation. What happens to the rest of the claims in the Patent? Can the patentee ...
4
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1answer
252 views

Implications of Termination of Patent in an Open Source Library

Reading through Facebook's PATENTS file in its React library and several discussions on Hacker News have left me confused about the implications this file which is included in several open-source ...
2
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1answer
37 views

Scope of a worldwide grant?

Wondering what the scope of a worldwide grant / transfer of all IP, either via an employment contract or explicit transfer is? I ask as a number of countries are not members of the WIPO, others have ...
3
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2answers
705 views

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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2answers
655 views

What happened to dependent claims if referred independent claim rejected?

I have an independent claim in my application for software patent that could be rejected on grounds like "abstract idea". There are a few dependent claims with limitations that hopefully pass the bar. ...
3
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2answers
2k views

US8550406 - How can you patent something that exists?

How can someone patent something they didn't invent? Magnetic shielding is a science fiction mainstay. Even I have included this device in short stories written decades before this patent, and I ...
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?"....
4
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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. ...
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2answers
448 views

Am I infringing on this exit-intent patent if I build something similar on my own site?

I recently built an exit intent popup that provides users with a coupon if they provide their e-mail address. Then I found out that a company, BounceExchange, already has a granted patent on this type ...
3
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1answer
152 views

Is this design patent enforcable?

Company A files an application for a design patent in January 2013. This is an improvement to an existing, widely sold product and the same type of improvement was previously added by others to ...
4
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1answer
389 views

If we have constructed a game and later found out it is patented, what do we do?

We were recently introduced to the game Nine Square in the Air by some friends. We decided to try it out at our non-profit camp, so we built our own version. Later on, someone brought it to our ...
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2answers
123 views
3
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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 ...
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2answers
271 views

Resuming interrupted file transfers (2011 patent troll / libcurl)

I'm posting this here in order to draw this incident to the attention of the AP community. http://daniel.haxx.se/blog/2011/05/11/us-patent-6098180/ Daniel Stenberg, the author of curl, a popular ...
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0answers
64 views

How does this design differ materially from an existing mesh covered seat frame? [closed]

The design and accompanying illustration appear very similar to, and derivative of the seat frame used on the Bell UH-1H(and previous models) helicopter developed in the 1960s. While there is an ...
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0answers
14 views

South African Distributing [duplicate]

I am interested to use this product and manufacture it in South Africa. I wont be obtaining full rights of the patent, just distributing rights. How does one come about doing something like that?
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0answers
24 views

Is this a legit claim for a patent for a media to grow bacteria?

Can a patent for the media used to grow a specific bacteria be as broad as this? This patent claims all animal free media is covered by this patent, how can that be? Is the claim here that no one ...
2
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3answers
111 views

International Patent and it's legal power?

If one would obtain a patent in the U.S, does it become international? No one else can use/build it without the inventor's permission? Globally In other words, when an inventor obtains a patent in a ...
2
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1answer
649 views

How long would a software developer reasonably have to modify patent-infringing software once a claim is made?

Imagine the situation: you are part of a software development company who makes and sells Fantastic Product. Then one day a letter arrives to inform you that part of Fantastic Product infringes on a ...
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2answers
1k views

Can I modify and resell patented product?

Is it legal (in the US) to modify and resell a patented item? For example, if I buy a patented guitar pickup, substantially modify it, then install it in a guitar and sell it, is that legal?
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3answers
67 views

Who has rights to the patent?

Aside from the creator of the patent, are the colleague in the research/development in-tilted to the patent? Or any legal decision on it? Or is it all to the creator of the patent? Can they sell ...