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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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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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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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
25 views

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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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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1answer
22 views

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
37 views

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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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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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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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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2answers
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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
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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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“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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2answers
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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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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
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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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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2answers
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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
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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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1answer
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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
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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
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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
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
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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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
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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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1answer
42 views

Stolen Patent and product

I applied for a patent on a product/tool that I created and was actually using in the construction industry. One of my employees decided to quit and take the file and took and disappear. I recently ...
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2answers
58 views

Inconsistency between patent title and claims, US9459044B1

So this patent US9459044B1, the title suggests it is about both method and apparatus, and I see there are much content on the drawings and description of the device. However in the claim section, I ...
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2answers
71 views

Does Apple have patents on basic UIKit classes?

When it comes to UIs, many different UI toolkits exist such as Qt, GTK, Motif, and UIKit. So I would be surprised if it turned out that common features of UIKit which appear on many platforms as well ...
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2answers
60 views

patent situation

Almost a year ago I worked at a small tech startup. While there I participated in the development of a way to extract data from OSI headers for networking applications in FPGAs. I have since left ...
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1answer
40 views

Continuation Patent

When a continuation patent is approved, will the parent patent still hold the rights to sue others if a product infringe the parent application and not the continuation patent
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1answer
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Do I have to disclose the infringement in the Information Disclosure Statement form?

Let's say, I filed my Provisional in Jan 2019. I disclosed my work to the public in Mar 2019. An infringer copied my disclosed work and released a product in Jun 2019. I'll file a non-provisional ...
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2answers
173 views

Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

A week back, I got a very good answer regarding PCT provisional protection. I have a related question. Is it necessary for a national application to claim priority to the PCT application to get the ...
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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
40 views

Is this patent US only?

I'm unclear on what does patent US D781711S claim & specifically in which region. I've talked with some mates that have studied patent law & they seem as puzzled as me. Anyone care to help? ✌️
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1answer
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Can someone patent their product with a solution I designed?

I was presented with a possible invention the way the person presented the product there were many problems. I went away and came up with a design that would work for his requirement. At no time did ...
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1answer
99 views

Will there be any downside if I show my patent claims to my infringer before publication?

I already published my paper. [After filing provisional application] A big company seems like copied my work from my paper and they are about to release their product in few months. The reason I ...
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3answers
129 views

Does an intermediate step considered as patent infringement?

An existing patent uses step A, B, C in the independent claim. My invention inserts a non-obvious step X before step C. So my invention looks like this. A, B, X, C Can the existing patent owner sue ...
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1answer
56 views

Is it permissable to manufacture a replacment part that fits in a patented product?

I wish to produce a replacement control board which is designed to fit directly in to a patented handheld machine control pendant. The new circuit board will replace a membrane switch control board ...
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1answer
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MPEP and Case Laws

How patent Examiners either memorize or manage themselves while citing all the relevant case laws and sections of MPEP during issuance of an Office Action?

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