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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1answer
1k 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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When the product as-sold is unpatentable but the product as-used is patented

Consider two inventions: X and X+Y. For the sake of argument, assume that X is not patentable (prior art), but the combination of X+Y is patentable. The problem: In practice X must be sold by itself. ...
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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 ...
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186 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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1answer
43 views

Can someone sell part of my patent claim?

I have an improvement to a product. Let's call the improvement "A" and the product "B". Improvement A is not novel, product B is not novel. The way A & B are combined is novel. ...
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2answers
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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 ...
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1answer
19 views

Importance of configuration descriptions in a claim

I am looking into a new project for which there are a few similar technologies described in patents, but nothing that includes every novel feature I have in mind. However, one of them is written in an ...
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0answers
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Can you obtain intellectual property for board games

I want to obtain intellectual property for the game, and I do not want a patent for a board game similar to chess. Does ownership increase me profit more than a patent or not?
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66 views

How can I protect a product idea before seeking help with research and development?

It’s quite natural that inventors have doubt that if I give idea to someone what will happen to my idea?
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1answer
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Patent exhaustion: services utilizing a patented device

Assume a patent is awarded with apparatus and method claims applying to some device with an intended process. For example, consider a potato peeler intended to be swiped across potatoes, in which ...
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1answer
19 views

Is it possible to have the total freedom to operate for a method patent?

If a method is patented and to conduct this method, you need to build a device that has been patented in the past although not in the exact shape and form nor for the same use, will you be having ...
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How can I estimate the level of freedom to operate?

If a medical device has been patented which mentions in the first claim, a particular material for specific reasons and I manage to patent the same medical device which mentions in the first claim, a ...
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1answer
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Can you include anything describing invention disclosures on your resume that have not been filed yet?

The company I work for might fold in the next couple months... So I'm searching for other opportunities in preparation for that possibility. I've submitted multiple invention disclosures to patent ...
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1answer
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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 ...
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1answer
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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 ...
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1answer
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Non-provisional patent - Examiner error

Base of problem Let's assume timelines as follows. Application examiner just makes error during search. He didn't see that in their database there is provisional patent application for same thing. ...
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1answer
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Provisional vs Non-provisional patent dates

Lets say I file a provisional patent at December 2020 with claim A. Some company B decides to file a application for non provisional patent with the same claim A at January 2021, because my ...
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2answers
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I would like to have contact information for the inventor

Craig 623-552-8216 I have been ripped off by an attorney that claimed he was going to partner up with me. He disappeared over night from Chandler Az. Apparently moving to California and ...
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My Australian patent is being copied in Australia for sale overseas

My product is covered by my Australian patent but another Australian company has copied it and are manufacturing it in Australia and selling it overseas to a country I have no patent rights, are they ...
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1answer
37 views

Someone claimed patent Infringment but didn't have a patent?

I run a startup company. I thought i came up with a great product and everything was great. Then one day i received an email of someone claiming to have a PPA of that same product and to cease selling ...
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2answers
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Third party preissuance for a rejected application

I have come across a patent that was granted 9 months + 10 days ago, the patent is very obvious but it was somewhat restricted in its implementation. I have now seen that the inventor filed another ...
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1answer
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Global ethical implications of a US patent

I would like to understand the ethics of Patents. There is a product that is currently sold worldwide, with a patent in the US only. If I was to sell the same product (diff. logo) in the UK/EU, what ...
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1answer
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Patent infringement: pushing vs pulling

Suppose an accused product implements all but one of the elements in claim 1: The invention claimed is: A storage system comprising: a platform containing a plurality of container stacks...; a ...
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2answers
32 views

Would I be infringing on a patent with a accessory for the patented design?

I have created a fooseball table (table soccer) accessory / design improvement depending on the aspect of which I can legally pursue also variation of product installation or the incorporation of the ...
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1answer
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Factors influencing patentability

• How unique or vague can the intellectual property to be patented be? • Is it possible to patent improved versions of pre-existing patents that aren't necessarily owned by the patentee? If yes, are ...
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[In]Validity of Patents

Is every patent invalidity search conducted to overcome the threat of infringement suits imposed by their competitors? Can parties invalidate patents of their competitors without showing concerns ...
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6answers
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Is it worth patenting an algorithm if I don't have the money to defend against infringements?

I have some algorithms that I am considering patenting, but I wonder whether I should just trust that rivals won't simply read the patent papers and copy my ideas. While I hope that my inventions ...
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1answer
29 views

Is it possible for me to develop a lawnmowing technology incorporating Object Avoidance

I am currently trying to create a lawn mowing robot which also uses Object Detection. Does the following patent prohibit me from doing this? http://www.freepatentsonline.com/9563204.html
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Is it possible for a ridiculously simple invention to infringe an existing patent?

When searching if there was a patent covering this product: https://www.frownies.com/collections/facial-patches/products/facial-patches-forehead-between-eyes ... which is basically a piece of tape to ...
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1answer
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“Flash of Genius” Intermittent Windshield Wipers

In the movie "Flash of Genius," which covered the long 1960-70's law suit involving intermittent automobile windshield wipers, it seemed that the individual parts (wipers, control box, electrical ...
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1answer
92 views

Effect of remaining term length

Is going against prior art that conflicts with my patent or product with 10 years remaining or 10 days remaining the same? edit: If in my invention or product uses an invention that was previously ...
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1answer
43 views

Non-novel/non-inventive patent of subcomponent of device that was already previously patented?

I have been following a (U.S.) patent for a particular type of technology. The patent application for this technology specifies that it was published in 2017, with a related patent by the same ...
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1answer
40 views

Can I share the code for an algorithm I patented?

During my PhD, I designed an algorithm that has been patented. For this patent, I share part of the intellectual property with my old University. After publication of the patent, we have also produced ...
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2answers
132 views

How do entrepreneurs determine if their idea is not infringing any patents

There's the idea to build a business out of, but how would I know I'm not infringing any of those thousands of applications and grants? It seems to be impossible to read the claims in all of those in ...
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0answers
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Guides for a newbie patent researcher [duplicate]

I'm a newbie in patent research. I'm presently given a task to find a prior-art on some documents, to be candid, I don't know. Could experts here help suggest A GET STARTED approach? It could be done ...
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1answer
23 views

Characterization and scope of claims in technology patents

When viewing technology patents, I notice that they list a number of claims, and the structure of these claims takes various forms. Relating to this, my questions are as follows: Does the scope of ...
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2answers
39 views

Changing aspect/step of system/method of patent claim to avoid infringing upon patent

I recently asked some questions relating to the scope of claims in utility (specifically, technology) patents. The user "George White" then answered the following in response to question 2: To ...
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1answer
44 views

Applying for a patent that is similar to a granted patent

There is a product I want to create, but noticed there is a patent for it. However the first claim is compromised of 5 components. I am wondering if it's possible to be granted a patent that takes ...
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1answer
63 views

Can I use the same active ingredient as patented product, when rest of the formula is different?

I want to manufacture natural / ecological dishwashing detergent. There is a patented dishwashing detergent on the market with the same active ingredient, but the rest of the formula / other ...
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1answer
20 views

How to Compare 2 Patent data

I have a question How to compare Patent data like if we compare the patent data of the 2000 to 2016 it will show us how much technology has been used in these years. Compare 1 https://worldwide....
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0answers
32 views

Design Patent of a product that has been sold in the market for years

thanks for reading this post. I listed a product online to sell. But my competitor claimed that I infringed his design patent. I looked at the patent and it looks exactly like the product I am ...
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1answer
27 views

Filing a continuation to result infringement

Given the following scenario: A patent issued to me is a prior art to patent filed by another company – I have the priority date. I can easily invalidate their patent but it does not mean that uses of ...
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1answer
91 views

What if someone files a fraudulent patent?

A person files patent after they have disclosed info to public, and sold the item. But lie to patent attorneys. Also let previous patent pending on same invention expire. Can they be turned in for ...
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1answer
32 views

Can a patented idea be implemented in a different experimental set up without buying the patent?

This is my first post in 'Ask Patent', so pardon me if the question turned out to be very stupid. I am a PhD student working in nuclear medicine. Recently I had started working on a project. But soon ...
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1answer
47 views

Legal effect of Tesla pledge “All Our Patent Are Belong To You”

In 2014 Tesla issued an announcement "All Our Patent Are Belong To You". A question was posted recently on law.stackexchage.com regarding this. My question, that may or may not be on-topic here, is ...
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2answers
281 views

What does Golang patent mean

What does the patent grant for Golang mean? Can I use Golan for whatever I want (like the BSD license implies) or does it limit my use of Golang in any way? Here is the text of the patent: https://...
3
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1answer
58 views

If I buy property where patented fruit is already growing, can I sell the fruit?

I am looking at purchasing a house, that has a grove of trees that are patented, growing on the property. Am I able to sell the fruit since I will own the property on which it is growing? Also, it ...
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2answers
309 views

What can we do if a manufacturer in China copy our US patented product and sell them directly to US end user through E commerce

What can we do if a manufacturer in China copied our US patented product and constantly sell their copies to US buyers through international E commerce platform? This Chinese company does not have a ...
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2answers
45 views

How patents are avoided to be reinvented and how we can understand them comprehensively?

I have read tech patents available on Google. I wonder how patents can be avoided to be reinvented or understood so neatly and specifically given a patent file is usually tens of pages written very ...
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1answer
25 views

Can a really broad claim like 'the top is made of plastic' cause an infringement?

I came up with an idea for which a device has already been patented which has some of these really broad claims. My design would be very different from the design in the patent, but at the end they ...

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