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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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127 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
192 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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129 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
761 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
265 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
161 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
35 views

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
111 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
135 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
166 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
527 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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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
933 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
169 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
87 views

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
137 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
81 views

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
103 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
826 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
286 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 ...
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1answer
547 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
535 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
127 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
150 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
93 views

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 ...
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1answer
261 views

My daughter and her golf team want to make golf tees to sell and raise funds for their season. Is this ok to do or must they seek out permission? [closed]

Their plan is to make the tees and paint them in different designs. Then they are going to package them and sell online and in the neighborhood. Is this ok to do? I know there are several patents ...
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1answer
202 views

patent Infringement question

Received a Design Patent from the USPTO a three years ago. Put the Design on the market for licensing. Noted a Major Manufacturers applied for published application in 2013 for a invention to be ...
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1answer
245 views

Is Patent 13/284,678 Granted? Patent granted for Flipboard flipping?

Hi can i ask if this patent is granted? I see a publication date, but not sure if it was granted. Am thinking for a flipping metaphor similar to Flipboard
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3answers
245 views

Can I use the idea of a one handed shovel in my non-commercial project?

I want to make a one handed shovel for my college project. I have thought of substantial modifications from what has been described here. The idea has already been described in patent US646472. Will ...
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1answer
877 views

How can I determine which specific elements of the Tower Garden product are protected by Patent US7,055,282?

The Tower Garden, with patent number 7,055,282 describes a vertical aeroponic garden device. Many people have made similar devices over the years and there have been patents for some of them. I have ...
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1answer
243 views

How to get rights to use a patent [duplicate]

I wanted to patent something but found that it already existed on google patents. Now I would like to get in touch with whomever patented it to see if I can use the patent -- but I am not sure how ...
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1answer
653 views

Inventor/Co-inventor later removed from application and patent without knowledge

I was the original inventor and became partners w(co-inventor). The initial application was denied in 2005. I left the company and just found out that the initial application was approved 2012 with my ...
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1answer
108 views

What is enforceable on this patent?

For patent # 5,584,962 I have developed a tensioned hub for the supply roll that fits these machines. This mainly concerns figure 8. My hub design is different. My questions are: How can I tell ...
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1answer
123 views

CN 202852656 U_ Glass Bottle Light Patent

My question is regarding the above patent number (CN 202852656 U); does this patent prevent anyone from making and selling glass bottles filled with lights? The reason I ask is because I am ...
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1answer
158 views

Expired patent - non-payment

hypothetical question. Let's assume someone else's patent has expired due to non-payment, and we release a product that that would potentially have infringed on it. Three months later they see our ...
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1answer
334 views

Improvement patents, building your technology on top of already existing technology

My question is regarding improvement patents. I have read some literature online, but it's all still pretty convoluted regarding this issue of improvement patents. My question is how does building ...
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1answer
109 views

Not sure if my Idea infringes on current herbal remedy patent?

I am working on an Herbal remedy, and thought I should get a patent. I found an existing patent in 2008, that has a combination of very different herbs for the same remedy. We may have some cross over ...
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3answers
177 views

How the idea or solution should be protected before having a patent for it

I've written a technical paper and have sent it for publication. There's a chance that some other can make use of my paper and file a patent before me. How to protect the paper, when we are publishing ...
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1answer
122 views

Is this patent covering my idea of measuring intra vaginal temperature to evaluate it by smartphone app?

as far as I understand, this patent pending is for a huge device which is for intra vaginal observation of the cervix as well as for introducing pregnancy by inserting sperm. Nevertheless I don't ...
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2answers
291 views

Patent on Open Source Software

I want to port routines from some open source software to another programming language and distribute it publicly. The source code is licensed under GPLv2, so this should not be a problem. However, ...
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1answer
220 views

Is it not better in practicality to avoid searching software patents in your domain

Premises: Any complex software product uses many algorithms, steps, techniques and so on There's a patent on almost any method and system in software, even such that are trivial by now but still didn'...
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1answer
306 views

Do patent holders have to be “reachable?”

Do owners have to maintain an availability or can they just lodge a patent and vanish leaving an idea protected which nobody else can touch. If not how do we locate owners to find out more details or ...
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1answer
98 views

Do patents offer protection from use by others?

Say I patent an innovative method or device for creating Cookies. I am in the Food business itself, not device manufacturing. Suddenly, some competitor appears claiming to use a trade secret method ...