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.
539
questions
1
vote
1
answer
55
views
I found out years later 4 years ago exactly, 5 of my husbands patents he was only assignee and only inventor
I was asked to sign over two of my late husband's 52 patents just after he passed away, at the time I thought he only had those two. Years later almost four years ago I found he actually has 52 ...
- 11.6k
0
votes
0
answers
21
views
How to prove a competitor is infringing if a step happens in the back server?
Let's suppose that you have a patent claim that involves a step that happens in the back end server rather than the front end user interface.
Since you do not know what is happening in the back end ...
0
votes
1
answer
21
views
Producing non-OEM parts?
I run a small business on the side and I work professionally as an industrial automation mechanic. Part of my job is rebuilding the machines and replacing wear components. One of the assemblies I pull ...
- 11.6k
0
votes
1
answer
27
views
a claim where the precedent of a conditional step can have multiple possible other conditions
let's suppose that a patent claims
a machine that:
1. receives an input A from a first user;
2. receives an input B from a second user; and
3. executes Y on a condition that A is less than or ...
- 11.6k
0
votes
1
answer
16
views
how to prevent infringement via additional elements to the precedent of a conditional step in your claim
let's suppose that the claim is for the "swipe":
1. a first user swipes right on a second user
2. said second user swipe right on said first user
If:
1. said first user's swipe and said ...
- 1,137
0
votes
1
answer
80
views
If a company has been selling your patented invention on the market
If the patent has been granted, what are your next steps. Assuming that you are successful in those next steps, what will you be able to get from the company? Will you be able to get 100% of profits ...
CommunityBot
- 1
0
votes
2
answers
53
views
does the same condition but with a narrower range infringe?
let's suppose that a patent claims
a machine that executes Y when A is less than or equal to B.
If a competitor invented
a machine that executes Y only when A is equal to B
In both machines, A is an ...
-1
votes
1
answer
19
views
If a competitor's embodiment bypasses all of your claims, but could actually be claimed by you, would that count as infringement still?
Let's suppose that an inventor did NOT claim all that they could claim given the disclosure of the specifications of their invention in the patent application.
A competitor has created a product that ...
- 11.6k
0
votes
2
answers
43
views
does this feature from dating app Hinge infringe this patent from dating app Bumble?
Bumble's patent:
US20210400001A1
https://patents.google.com/patent/US20210400001A1/en?oq=US20210400001A1
Hinge's feature:
https://hingeapp.zendesk.com/hc/en-us/articles/29975672282899-What-is-Are-You-...
- 29.9k
0
votes
1
answer
22
views
What do "steps" in "you must implement every step" mean in legal parlance?
While researching implications of a patent on a business idea, I read this explanation in one of the answers here on Ask Patents:
Remember, to infringe on a patent, you must implement every step of ...
- 103
2
votes
1
answer
228
views
What Exactly Is It That Is Covered By This Resource Mechanic Patent?
In reference to the patent: US7216870
Does this mean that one cannot create a game that allows players to gain a resource when playing a card? Or would making resource accumulation as part of a ...
CommunityBot
- 1
0
votes
1
answer
127
views
Could I sue some company if my patent application was pending or rejected?
it takes more time than I expected, and I am confused with my project, a lot of plan was delayed?
could I contact potential licensee before my patent granted, how about the company use my patent and ...
CommunityBot
- 1
1
vote
1
answer
71
views
Potential Conflicts with a Patent Pending that examiner may have missed. Is it possible to notify the examiner?
Is it possible to notify a patent examiner of possible conflict in a pending patent he is working on? That he may not have identified? Is is proper for anyone to notify the examiner if they are ...
CommunityBot
- 1
4
votes
2
answers
728
views
Does the GS1 MCS industry guideline use US patent 8228198?
In March, 2012, all of the UHF Gen2 RFID chip manufacturers agreed to support Multi-vendor Chip-based Serialization (MCS), a voluntary implementation of a GS1 guideline for encoding 96-bit Serialized ...
CommunityBot
- 1
0
votes
1
answer
45
views
patent infringement
In reference to the patent: WO2008050157A3
If I wanted to make ozonated oils that were a combination of essential oils and vegetable oils, and then that combination was ozonated, would it be ...
CommunityBot
- 1
0
votes
1
answer
50
views
Patent infringement for patent based vector and the sequence
In biotechnology area, the product claims of patents which are based vector(carrier) and the sequence always starts as "protein encoded by bla bla"
However, what i understand is the sequence ...
CommunityBot
- 1
0
votes
1
answer
54
views
What was the duration of the exclusive right granted to rizla+ over this patent?
In reference to the patent: US4985302
CommunityBot
- 1
0
votes
1
answer
49
views
0
votes
1
answer
33
views
Copied Activated water system
I was introduced to an activation water system in Malaysia. However I found out that this type of activated water system was patented by the inventor and is legally sold by another company also in ...
CommunityBot
- 1
0
votes
1
answer
71
views
If my patent is being infringed could I work for the company vs. requesting royalties or cease and desist?
I found a company who is violating about 4 of my claims. But I like the direction they're going and I kind of wasn't going to sell it. So how would it go if I chose to work for them? do you think they ...
CommunityBot
- 1
0
votes
1
answer
52
views
A patent application with a similar idea to an existing product
We are a software company based in Europe making spreadsheet software including add-ins.
In 2019, we added a feature in one of our Excel add-ins published in Microsoft Office add-in store, which has ...
CommunityBot
- 1
0
votes
1
answer
46
views
How common is it for public companies in US to sue each other regarding patent?
I want a rough estimate and does not really need the exact number. Is it more than 500 per year overall? more than 100?
So I want to know how common is it for these companies to litigate each other.
CommunityBot
- 1
0
votes
1
answer
69
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 ...
CommunityBot
- 1
0
votes
1
answer
125
views
Since this patent is expired, can anyone in the world freely manufacture this and sell for proffit?
The patent US 5782079 A is filed on February 1997. So it's been more than 20 years since it first patented. So this means this patent is no longer protected by the patent. So, can this be manufactured ...
CommunityBot
- 1
0
votes
1
answer
18
views
Timing to contact a licensee
I am still in the process of getting my patent, I would appreciate if someone has experience or knowledge to license a patent not sell a patent,
what is the best timing to contact a potential ...
- 29.9k
0
votes
1
answer
23
views
what is a continuation?
what is You apparently haven't filed a continuation. by @Gary S?
could anyone teach me? I was not allowed to ask in the thread, so I open a new thread if possible.
A final patent was granted, but in ...
- 29.9k
0
votes
1
answer
26
views
Producing something an individual received a patent on regardless of similarity to an expired patent
If someone re-patented a patent from a toy that was produced in the 70s, and they are granted the patent… Does that mean that they have changed the patent enough to receive the patent approval? Like… ...
- 11.6k
1
vote
2
answers
78
views
Can you sell products manufactured from a patented process in the country which the process (but not the product) is patent active?
I'm wondering if you can manufacture a product using a patented process in a country where that patent for the process is inactive, and then sell the product of that process in a country where the ...
- 1
0
votes
0
answers
28
views
adding more elements to the independent clause versus adding more elements to the outcome of a logical rule
Patented Method and Process
If (A) and (B) happen,
then (X) and (Y) always happen.
Competitor's Infringer (I)
If (A) and (B) happen,
then (X), (Y), and (Z) always happen.
I know that by first ...
0
votes
0
answers
15
views
does a logical rule with more dependencies infringe upon a logical rule with less depencies?
Patented Method and process:
If (A) and (B) happen, then (X) and (Y) always happen.
Competitor's potential infringer:
1. If (A), (B), and (C) happen, then (X) and (Y) happens.
2. If only (A) and (B) ...
0
votes
1
answer
20
views
Does a free range rule infringe upon a fixed rule?
Patented invention / process / system:
1) X is a predefined number known to the user.
2) If A and B occurs, then the user wins X balls.
Potential infringer
1) X and Y are predefined numbers known to ...
- 11.6k
0
votes
2
answers
101
views
A final patent was granted, but in the process of a licensing deal, another claims first to file
This is an update from another question: This patent does not exactly change mankind, but it was an idea that I came up with a few years ago to make a product much better and stronger, while reducing ...
CommunityBot
- 1
1
vote
0
answers
58
views
How can I find patent number 2208003.0?
I am interested in selling a product but an other seller (on their website) claims that this product is patented. I have contacted the seller and he says
"Our patent number is 2208003.0. This is ...
- 1
2
votes
3
answers
105
views
Where is the line between hardware and software?
Lets say that someone creates an mobile app (Android/IOS) that is identical in function to a TI-85 calculator... in fact it is a perfect representation of it and identical in function and appearance ...
- 1
0
votes
0
answers
46
views
the Ownership of Patents between Former and Current employer
If an employee, John, switches from Company A to Company B, and the nature of John's work is similar at both companies, and John applies for a patent at Company B related to the same field he worked ...
- 1
0
votes
0
answers
21
views
Is settling a civil patent infringement case via mediation considered estoppel in a possible ex parte review"
Two years ago, my small two-person firm was sued in US Civil Court for patent infringement. The cost to fight this case was astronomical- so we agreed to mediation quickly to keep the business going. ...
0
votes
1
answer
18
views
does an app that uses the accelerometer imbedded in smartphone infringe patents?
I built an app that uses the accelerometer embedded in smartphones. I received a letter advising me that I am infringing on patents of the systems in the smartphone that monitor and track movement. ...
- 11.6k
1
vote
1
answer
56
views
How was this Bitrex based repellent invention able to be patented while there were already similar bitrex based products invented before?
While browsing patents.google.com I stumbled on this invention that was patented in 2020.
Its a repellent that's primarily based on the bitterant Denatonium and can be used to make certain plants ...
- 11.6k
0
votes
1
answer
52
views
US App Developer Patent Troll Avoidance Checklist -- To Release In The USA or not?
If a US-based software developer distributes their application worldwide everywhere except the US, is the developer immune from infringement suites from patent trolls in the US? Does this affect ...
CommunityBot
- 1
0
votes
2
answers
148
views
Patents: Can USPTO be sued?
If I file for a patent pertaining to a product I've researched and did a patent search and the product doesn't exist, but when I file, USPTO declines to award patent and then I find that many people ...
CommunityBot
- 1
1
vote
2
answers
1k
views
Does this patent refer to adding any kind of magnet to eyelashes?
In reference to the patent: US20160206031
I just wanted to know if, given this patent, other companies are allowed to sell magnetic eyelashes? Does the patent cover the addition of any kind of magnet ...
CommunityBot
- 1
0
votes
1
answer
56
views
What happens if someone gets a patent granted and starts selling products but someone else had a patent for the same invention before that?
Let’s assume Person A gets a patent grant for their invention and starts producing and selling a product based on that invention. After the patent opposition period Person B sues Person A for ...
- 11.6k
1
vote
1
answer
77
views
When is a Patent broken?
I am trying to perform a particular reaction. As a result, I am using a methodology applied in a 1976 Paper. However, I see that someone (not the authors of that paper) has patented a process very ...
- 183
0
votes
1
answer
21
views
Are there situations where an infringer purposefully designed their product on claims when designing around them had no cost?
Someone told me that sometimes infringers design exactly on claims when going around them incurs no cost - for some sort of sneaky strategic reason.
Based on my own reasoning that sounds untrue - why ...
CommunityBot
- 1
1
vote
2
answers
85
views
how can patent infringment be avoided for simple SaaS feature
I was thinking to develop a simple app for learning purpose. Upon doing research I found that a similar idea and process has already been patented. The idea is of a SaaS application that performs only ...
- 29.9k
0
votes
1
answer
35
views
Creating Patented Invention in Country Separate from Origin Nation
I thought I came up with a new invention but unfortunately found that it was already patented in China. I am in the US and it wasn't patented here. I was told that I could in theory, build and sell ...
- 29.9k
0
votes
1
answer
32
views
Possible patent infringement and freedom to operate
We are a software company based in Europe making spreadsheet software.
We found a patent Enhanced editing of formulas in spreadsheets.
Actually suggesting functions while users edit a formula exists ...
- 29.9k
1
vote
0
answers
42
views
Is this a successful design around the Moki Doorstep?
This a continuation question arising out of the question: Knockoffs of the Moki Doorstep
This is the patent:
https://patents.google.com/patent/US10155479B2/en?oq=10%2c155%2c479
It appeared in an ...
- 326
1
vote
1
answer
176
views
Knockoffs of the Moki Doorstep
This is the patent:
https://patents.google.com/patent/US10155479B2/en?oq=10%2c155%2c479
It appeared in an episode of Shark Tank.
This is the actual product sold on amazon:
https://www.amazon.com/...
- 326
2
votes
1
answer
120
views
Can an abandoned patent affect an issued one ? There's a twist
Patent A was filed formally, March-13-2010, published Nov-2011
Patent B was filed provisional, March-14-2010, then formal-filed Mar-2011
The patents covered some similar areas, but Patent B spec was ...
CommunityBot
- 1
Related Tags
patentability × 81
patent-applications × 49
software × 49
claims × 43
prior-art × 32
design-patent × 29
international × 21
law × 20
licensing × 18
freedom-to-operate × 17
usa × 14
patent-services × 11
novelty × 9
ownership × 8
patent-lifetime × 8
copyright × 8
design × 7
patent-pending × 7
trademark × 7
uspto × 6
validity × 6
litigation × 6
prior-art-request
european × 5
more related tags
Hot Network Questions
- Why is an amortized loan an annuity problem?
- Film about a girl who discovers she is from a family of magicians
- My math professor is Chinese. Is it okay for me to speak Chinese to her in office hours?
- Are There U.S. Laws or Presidential Actions That Cannot Be Overturned by Successor Presidents?
- Is there an alternate default cursor up movement key in Vim normal mode?
- Is it possible/recommended to paint the side of piano's keys?
- Need help in tikzpicture
- Was the total glaciation of the world, a.k.a. snowball earth, due to Bok space clouds?
- how to keep the directory tree for support files in l3build
- How to react to a rejection based on a single one-line negative review?
- A function to convert numbers from scientific notation to plain decimal
- Removing undermount sink
- Apple IIgs to VGA adapter
- Invariance of the Lebesgue measure
- Why did early pulps make use of “house names” where multiple authors wrote under the same pseudonym?
- How to assign a definition locally?
- Number theory: Can all rational numbers >1 be expressed as a product of rational numbers >1?
- bash scripting: Saving and then processing file contents as a bash variable
- Emergency belt repair
- Disable Firefox feature to choose its own DNS
- How can "chemical-free" surface cleaners work?
- Smoking on a hotel room's balcony in Greece
- How would you say "must" as in "Pet rabbits must be constantly looking for a way to escape."?
- Play the Final Fantasy Prelude