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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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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
688 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. ...
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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 ...
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1answer
325 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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1answer
417 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
460 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
398 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
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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
273 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
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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
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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 ...
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3answers
112 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
651 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
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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 ...
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1answer
128 views

Is a Website Able to Prove Patent Invalid?

Back in July, I had an idea for a new product. I set up a quick landing page, bought a domain and ran some ads to validate the idea. It went well. I moved to phase 2 and actually built out a site with ...
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3answers
197 views

When a patent infringment litigation is considered frivolous?

Where is the line telling that a litigation is basically a bullying tool for a patent holder? Accusing party is providing software patent infringement arguments that are laughable to one skilled in ...
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0answers
130 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
768 views

I file for a patent in Canada and US. if someone files a patent in China before me, can I still 'publish' idea in China?

Assume I made an invention and I filed a provisional application for patent in Canada and US and follow up by filing a non-provisional application for patent within a few months. If someone files a ...
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2answers
290 views

Can I get my patent back if someone stole it?

If I shared an idea with someone I trusted, and my idea was stolen by that someone, can I still get my patent back? Assuming I have strong evidence proving this (like e-mails printed/saved prior to ...
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2answers
162 views

Patent about internet tech, does territory count?

Just curious AFAIK, patent is only protected on the granting territory. If I patent an internet thing in USA, e.g web UI, does it get protected if other company uses it but sets its server outside of ...
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1answer
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Is company required to mark patent to ask for damage?

From 35 U.S. Code § 287 http://www.law.cornell.edu/uscode/text/35/287 "In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on ...
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2answers
114 views

How is it decided whether an improvement or new use is good enough?

I'm planning to attempt patent for a software product that performs a very large range of operations, and there is nothing like it out there. However, I'm sure that out of the giant sea of patents on ...
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1answer
141 views

Can I buy and use a patented technology without incurring in troubles?

We are a new start-up team based in Europe and have few or none knowledge on usage of patents and patented technology. We designed a chemical process that includes buying and using a patented ...
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1answer
169 views

Similar Patents, Sweeping Claims

I have an Idea/Potential Patent, but someone else has a similar patent out. Our inventions are substantially different in design. One of their claims is very very general and seems to exclude an ...
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2answers
573 views

Similar design of my invention

What percentage of difference needs to take place for a design not to infringe on an existing patent? I have an invention that mirrors the claims of this one but my design might be different, I wish ...
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0answers
72 views

Website Workflow and Service Patents

I am in the process of creating a website, that provides a service that is more generic than another "similar" website. The website only provides a service for a particular service, where my website ...
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0answers
24 views

UI Interface on Paper53?

Is the UI interface on Paper53 patented? Specifically, the screen with the open book where you flip between the pages.
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1answer
966 views

Is it possible to bypass design patent?

Recently I started small business of bracelet making and now I got told, that there's another company, that is making almost the same product and they have design patent for it And I'm making almost ...
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1answer
1k views

how to check the priority date of the patent?

IF I need to invalidate the patent that is CIP.Taking priority from CIP->CIP->DP->CP->Parent.
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1answer
170 views

Patent marking and infringement damage question

As I know, companies are required to mark they product with patent numbers or they will lose any damage. But I tried to search iphone patent mark and it seems Apple doesn't mark their patent, isn't it?...
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2answers
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Patent Infringement on Mashape

As we all know, there are many patents in the areas of voice recognition, optical character recognition, face recognition, etc. Many of these same services are on the Mashape website provided as free/...
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1answer
138 views

How restrictive are patents?

I don't understand how Optimizely (https://www.optimizely.com/) and VWO (https://www.vwo.com/) exist after seeing an A/B testing patent here: http://www.google.com/patents/US7975000 Also what about ...
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0answers
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First Sale Doctrine applying to physical goods

In an example scenario when a person purchases a 30 pack of Kleenex then makes and sells lunch packs each of which includes a box of Kleenex. Is this person protected by the First Sale Doctrine to ...
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1answer
104 views

Why Are There STILL 5,303 Overlaps for A Patent?

I asked this question of a patent attorney, but never got a great response - I heard that great NPR show about patents (referenced by Joel on a podcast) and had this question: For this patent: http:/...
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1answer
168 views

Does DroneCast infringe on this IP (US 3683530 A)?

Checkout http://dronecast.us They use quadcopters to display vinyl banners with illuminated LEDs on the drone
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0answers
59 views

Is it safe to buy this product from this company when patent is granted?

If GPI company got granted this patent US 6173146 can it be still be sued by Canon if they think that this infringe Canon patent? Is it safe to buy this product from this company when patent is ...
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6answers
857 views

Do Patents cover the idea or the specific technology?

I have a friend who has as idea for a product based on technology he invented. The problem is that we have seen another company that basically does the same thing, although it works differently. The ...
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1answer
109 views

Is a patented European product able to be produced in US?

I came across a product that is solid almost exclusively in Europe with no reach or patenting in the USA. Am I able to pursue production and sale of this product in the USA? Do European patents apply ...
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1answer
297 views

What if someone stole an idea and patented it?

What if an idea was preposed, and not patented... and someone stole it and claimed it of their own, what could be the outcome? Can the developer of that idea take that patent for their own? Or ...
2
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1answer
567 views

Different types of patent in Pharma

What are the differnet types of patent one can have on a molecule? What is the difference between composition patent and polymorphic patent? How to know if a particular patent is Method of Use or ...
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1answer
89 views

US patent appl. # us20140027014 is in violation of Laminar Technologies patent # 5842617

An ex-employee has taken confidential drawings and designs and applied for a patent that infringes on our companies prior patents. What do I do to stop this?
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1answer
79 views

Prosecuting someone under patent laws

So I have a question that I couldn't find an answer to. The question is as follows: Is it true that in order to be prosecuted under patent infringement laws, the patent holder has to show that the ...
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2answers
556 views

How are algorithm patents enforced?

It surprised me to learn that algorithms can be patented. If that's the case, why aren't famous algorithms like Dijkstra's algorithm patented? More importantly, how would they be enforced - wouldn't ...
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1answer
128 views

Can robots be patented?

Suppose somebody created the world's first intelligent robot. It can wash your dishes, clean your house, etc. Can that person patent the robot, so that no one else makes intelligent robots? If so, to ...
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0answers
157 views

Does anyone know the patent number for First Response™ Gold™ Digital Pregnancy Test by Church &Dwight?

First Response was reformulated to include a new antibody to hCG beta-core fragment in a digital pregnancy test. Does anyone know whether Church & Dwight have filed patents on this new test?
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1answer
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Why don't companies keep their product implementation as trade secrets instead of patenting?

I am wondering why every company doesn't keep their product a trade secret? Then almost nobody would be able to replicate the product instead of patenting, which reveals the inner working of the ...