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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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 ...
0 votes
1 answer
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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 ...
2 votes
1 answer
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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 ...
1 vote
0 answers
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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 vote
1 answer
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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 ...
4 votes
2 answers
717 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 ...
2 votes
3 answers
103 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 ...
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1 answer
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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 ...
0 votes
1 answer
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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 ...
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2 answers
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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 ...
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1 answer
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What was the duration of the exclusive right granted to rizla+ over this patent?

In reference to the patent: US4985302
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1 answer
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Is this patent still up to date?

In reference to the patent: US20160108345
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1 answer
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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 ...
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1 answer
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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 ...
0 votes
1 answer
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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 ...
0 votes
1 answer
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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.
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1 answer
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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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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 ...
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0 answers
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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
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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 ...
0 votes
1 answer
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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. ...
1 vote
1 answer
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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 ...
0 votes
1 answer
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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 ...
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2 answers
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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 ...
1 vote
2 answers
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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 ...
0 votes
1 answer
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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 ...
1 vote
1 answer
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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 ...
0 votes
1 answer
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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 ...
1 vote
2 answers
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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 ...
0 votes
1 answer
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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 ...
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 ...
1 vote
0 answers
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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 ...
1 vote
1 answer
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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/...
2 votes
1 answer
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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 ...
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2 answers
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If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?

If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B? Why or why not? Or does it depend on circumstances? If so, can you give examples?
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If C = A + B and E = D + C, is it necessarily the case that E = D + A + B?

If some other invention claims A + D or B + D, would the examiner argue that these are not novel because E = D + C already exist, and C = A + B, hence E = D + A + B necessarily?
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1 answer
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If I own the patent to A+B+C, and later A+B is granted a patent, can I still manufacture A+B+C

If I manufacture A+B+C, then I would be infringing upon A+B, no?
0 votes
1 answer
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If A + B + C is already patented, but A + B is not patented

What if A + B + C is patented but A + B, for some reason, is not? Then someone comes along and patent A + B. In such a case, the prior art A + B + C, would actually be infringement on the new art. How ...
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2 answers
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If A+B+C is prior art, and now someone is granted a patent for A+B

Suppose that inventor John holds the current patent and prior art for: A+B+C Steve comes along and patents: A+B Then a manufacturer begins selling A+B+C or A+B+C+D+etc. Who is the manufacturer ...
0 votes
1 answer
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How does the attorney go about finding all possible alternatives that could be used to invent-around your invention?

Is a patent attorney specifically trained to find all possible alternatives to a utility invention that would successfully achieve the same functions and thus bypassing the patent? In practice, how ...
0 votes
1 answer
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What happens in the event that a patent is granted due to negligence by patent examiner?

Suppose that an invention already exists and is patented and published. Someone files a patent application for the same invention. It is approved because the examiner was not able to find the previous ...
0 votes
1 answer
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Is this patent applicable for gaming industry only? Can some parts of it be used in other fields of work without infringement of rights?

In reference to the patent: EP2457626B1
2 votes
1 answer
240 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 (...
5 votes
1 answer
220 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.
0 votes
2 answers
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Is this claim covering all session-based network load balance?

Reading the first independent claim, from here on referred to as the claim, of US10630817B2 my understanding would be that they have patented any type of session-based load balancing, which includes ...
3 votes
2 answers
127 views

Is it legal to compare a patented technology algorithm with a non-patented algorithm

I am curious is it legal to compare performance of a patented algorithm with a non-patented algorithm? I guess it would be because it is purely non-commercial and educational even if that kind of ...
2 votes
2 answers
49 views

Interpretation of apparatus having specific logic

Here is a patent (US10255656B2) that claims an apparatus with specific functionality. I would like to focus on the first claim for now: A multiprocessor comprising: a register file to store operands;...
2 votes
3 answers
239 views

Independent and dependent claims relation

Is it possible to infringe a patent by infringing dependent claims and not independent claims? Does that mean I just need to check independent claims of a patent to be sure I don't infringe the patent?...
1 vote
1 answer
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What do I need to sign with my prototype maker before I file a patent?

I currently have an idea. First I need to make a prototype. What do I need to sign with the prototype maker, seamstress, so that it will legally bind her to not steal my idea and not tell anyone about ...
0 votes
1 answer
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Patent explanation help

Can somebody please help me with understanding this patent. I am not sure does this patent forbid CPU-GPU synchronization at all. I am particularly interested in terms of parallel programming with ...

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