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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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139 views

Can a similar product be made?

In reference to the design patent: USD 666,896 S1 Can a similar product be made without violating this patent? What exactly is patented? The loops? The look?
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1answer
57 views

Are other manufacturers allowed to produce an oxylobactor formigenes probiotic?

In reference to the patent: WO2015002588A1 What is the scope of this application? Can it stop other manufacturers from creating anything containing the supplement? I heard in Asia there is a ...
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2answers
123 views

Can I share my patent with my professor?

I'm working on an invention, and currently stuck on a problem, I know the solution to, but don't know how to build it, and I'm asking a professor at my university for help. If he helped me, does he ...
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1answer
58 views

Existing Patent's Application Usages

I have an idea which is very close to an existing patent CN 103839021 A. However, its application and working is completely different than what is mentioned in that patent. I came across the section ...
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2answers
145 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 ...
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1answer
56 views

I would like to know if I could create a product similar to the Stiffy Bag but with a velcro closing flap at the top to secure products

In reference to the patent: US20090120829 I would like to start producing bags similar to the above patented item but with a velcro closing flap at the top to protect the products inside. What other ...
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0answers
34 views

How to patents a design Idea for a device [closed]

Good day, Please how do I get a patent for a design Idea that I have so that Someone doesnt not go behind to create the same device and I loose in all? Thank you
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0answers
37 views

I have filed for the same exact patten

While waiting on for actual patent title. We have gone further and have full working App. Bug free and API friendly cross platform. Here what I find challanig!' You have the utility pattent. but no ...
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1answer
71 views

Employee inventions not yet patented by legal assignee; possible to patent?

If inventions or ideas were created while employed at a company that uses the "standard" policy of having all inventions created by an employee assigned to the company, and the company has not ...
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2answers
109 views

What is the use of patenting?

If I patented some invention, then who will use it? How are they going to know about this invention. Will the users of this invention pay?
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0answers
34 views

Violation of trademark/Patent?

In my National and PCT International, patent specification I have included an apparatus called Annular finned-tube heat exchanger, which is new in design. This heat exchanger is ring/annular like in ...
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1answer
375 views

Exporting to foreign country and patent infringement

If a US company has patent on a product in the US, but not a foreign patent, can another US company manufacture a same product in the US but legally export it and sell in foreign country?
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4answers
383 views

put on notice of possible infringement for pending application

Is it improper to notify party manufacturing a knock-off of product with PATENT PENDING of POSSIBLE or POTENTIAL patent infringement while a patent is pending? What if application has been requested ...
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0answers
126 views

How to stop false patent infringement claims [closed]

I've found a product that was implemented poorly and have redesigned it. Completely. It appears the same, as in it looks almost identical from a distance, but it isn't. It's a glove. After reviewing ...
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3answers
291 views

Home Made Sauce comprising of other sauces

I have made a sauce using my own chillies and spices sugar etc but there is 3 types of sauce by different companies in the recipe of the sauce. Can I patent my sauce or am I not allowed to use someone ...
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1answer
46 views

Assigning Patents To Different People For Same Device For Over 100 Years, US 8567565 B2

Chain lubricating apparatus and method US 8567565 B2 This appears to be the same idea repackaged by different individuals for over 100 years. Is this a common practice? Also can BKC renew the ...
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1answer
228 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 (...
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2answers
241 views

How to prevent patent on a software feature which you have in your private project?

The company I am currently working on is patenting a software feature that I have used in my private project. My private project is very old and has been using this technique/feature for a long time. ...
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1answer
354 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
201 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
628 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
84 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 ...
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3answers
107 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 ...
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1answer
136 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?
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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
897 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 ...
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1answer
54 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 ...
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2answers
385 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 ...
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2answers
199 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 ...
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2answers
99 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 ...
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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.
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1answer
100 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 ...
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1answer
76 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 ...
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1answer
575 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 ...
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2answers
127 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?
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1answer
194 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 ...
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3answers
547 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 ...
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1answer
109 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 ...
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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 ...
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1answer
84 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: ...
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1answer
255 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 ...
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2answers
95 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 ...
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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 ...
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1answer
255 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 ...
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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 ...