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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29
votes
6answers
7k views

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 ...
28
votes
5answers
2k views

What can I do about an infringer if I'm a small independent inventor?

I'm a small-scale independent inventor with few resources and have a patent that I believe is being infringed by a large company. I fear that if I approach the company on my own, I will have little ...
23
votes
2answers
2k views

Which patents were involved in Apple v. Samsung?

Can someone list which patents Apple sued Samsung over? I believe one of them was rounded corners on a mobile device. I could be wrong though, but if I am correct about that one, then any mobile ...
16
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4answers
16k views

Can game mechanics be patented?

There's a board game that I really like called Mystery Mansion. I want to make a similar digital version of the game for various mobile platforms, but I don't want to get sued by Milton Bradley (Now ...
15
votes
2answers
765 views

What are the possible consequences of using software developed outside of the US that infringes a software patent?

Suppose I'm developing a software and I operate in the country that doesn't recognize Software Patents. I make my software available for users in several countries including the United States. What if ...
12
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4answers
1k views

How to build software if you're unaware of which parts can contain potential patent infringements

As of lately, I've noticed quite an increase in software algorithm patents, that is: patents that explain certain data structures and/or software algorithms. The problem I personally have with ...
12
votes
2answers
644 views

Consequences of unwilful US patent infringment by a foreign legal entity when establishing US presence

Suppose the following situation: A company is incorporated in a country other than U.S.A., which does not allow software patents (e.g. EU member countries). This company produces an invention as a ...
11
votes
2answers
25k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
11
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1answer
1k views

What should I know before using “Patent Pending” in my products/ website?

Some years ago I read that you should not use the phrase "Patent Pending" in connection to products or marketing materials that do not actually feature or describe technology that is actually claimed ...
11
votes
1answer
439 views

Can willful patent infringement exist without prior notification?

In order for a company to accuse an organization of willful infringement, or allege that they are actively and knowingly infringing on a patent, must the patent holder first send the allegedly ...
10
votes
2answers
735 views

How are damages calculated if found guilty of infringement?

If I am found guilty of a software patent infringement how does the court determine how much damage is done and how much I should pay?
10
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1answer
6k views

What is the role of dependent claims?

I am very new to filing patents, What is the role of dependent claims? Couldn't I just have one claim with any details required? What is the difference in haveing one, two, or ten claims? When I ...
9
votes
4answers
2k views

How can I be sure that I'm not infringing on anyone's patents?

My friends and I wanted to create an online advertising service that would allow someone to create an advert, pay a one time fee, pay per click of the ad and have the ad displayed on our site and the ...
8
votes
2answers
3k views

General knowledge on how software patent-infringement lawsuits are evaluated

Technically someone has to check the suspected software code, to see if it infringes a specific patent. But What if the suspect claims, that it is his companys own trade secret? are trade secrets in ...
8
votes
1answer
3k views

Why did my patent on game rules not prevent these subsequent design patents?

I invented a game whereby I took the game called 4-Square and raised it 7 feet in the air and so you play it like a 4-way volleyball game ... 4-Square in the air. I obtained Patent US 7,608,000, ...
8
votes
1answer
303 views

How rigorous are examiners

A business competitor is claiming "patent pending" on a product I know they did not originally create. The product is manufactured by us, the competitor in question, as well as at least 15 other ...
7
votes
2answers
4k views

How does one know if a patent was reexamined?

Is there a public database that show whether a US patent was reexamined or challenged in any other way? If so where is it?
7
votes
5answers
809 views

Prior Art for Onsite backup for internet-based data processing

Our startup is trying to provide a backup solution for Google Apps for your domain. In principle it's a software running on the client computer. Our software then connects to Google via APIs (GData) + ...
7
votes
2answers
546 views

Found patent that describes my iPhone app/Website idea, any options?

I've been working on an app/website that I planned to sell for iPhone and Android, but recently found a patent that describes the idea almost exactly. There are currently no apps that implement this ...
7
votes
6answers
993 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 ...
6
votes
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 ...
6
votes
1answer
156 views

Can the developer of a free software be sued for damages because of an accidental patent infringement?

Assume that I created a free software that accidentally infringes on one or more software patents. Can the holders of these patents sue me for damages, even though I did not make any money from the ...
6
votes
1answer
3k views

Is my system an infrigement of the Active Time Battle patent from Final Fantasy?

Just have a simple question, the ATB system (Active Time Battle) from Final Fantasy has been patent in the past (i think 1992 on july). I am interested in making a turn based game based on the Charge ...
6
votes
2answers
818 views

If you improve on a design do you still need to ask permission/pay royalties?

Say there is a patent out there for something, say a fork and I improve on the design in some fundamental way even though the core of the object is still fork like, do I still have to get permission/...
6
votes
1answer
85 views

Does my product infringe on claim 1 of EP 2342386 A1?

I am producing a rainwater collection system and am not sure if the current system infringes on Nigel O'driscoll's Rainwater harvesting system (EP 2342386 A1), which is listed as follows: A ...
5
votes
1answer
817 views

Can I build a patented item (US 7,877,268) for personal use?

In reference to the patent: US 7,877,268 I would like to make this item for my grandmother. I would not be offering it to others or selling it for commercial use. Is this legal? What issues should I ...
5
votes
2answers
283 views

Resuming interrupted file transfers (2011 patent troll / libcurl)

I'm posting this here in order to draw this incident to the attention of the AP community. http://daniel.haxx.se/blog/2011/05/11/us-patent-6098180/ Daniel Stenberg, the author of curl, a popular ...
5
votes
1answer
114 views

How do I collaborate with a company who may have a provisional on my idea?

I'm trying to get a company to licence my idea, however, they claim that they already have a similar idea but that they could potentially find improvements/best practises to their idea from ...
5
votes
2answers
202 views

How can I protect my invention after applying for a patent?

I have developed a new device used in automobiles and applied for a patent (as personal, not from a company). After producing commercially and releasing into the market, what may I do if someone ...
5
votes
1answer
2k views

Does Invalidation of Independent claim affect dependent claim?

Situation(pertains to US): Patent "P" has 10 claims of which Claims 1, 3, 6 were held to be invalid in Federal Court litigation. What happens to the rest of the claims in the Patent? Can the patentee ...
5
votes
1answer
450 views

Jurisdiction of a US patent?

Just read Top 10 (US) Patents for 2014 and spotted one that essentially covers a business process that's only really applicable outside of the US: Bank of America’s the Foreign Currency Solution (U.S. ...
5
votes
2answers
263 views

A license that prevents raising a software patent

Would it be possible, from a legal point of view, to create a software license that would prevent someone from patenting any part of software (source code) released under that license? I know there ...
5
votes
1answer
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.
5
votes
2answers
645 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 ...
5
votes
2answers
1k views

Possible US patent infringement and German company

We are currently trying to set up a startup that sells a software product online. The software can be downloaded worldwide and paid for via Paypal. Our company is a limited liability company based in ...
5
votes
3answers
124 views

Patent enforcement

Can a US company which does not hold a patent for a product or method sell a US patented product or use a US patented method overseas without a licensing agreement? Is a US patent enforceable against ...
4
votes
6answers
2k views

Who is allowed to sue for patent infringement?

In the creation of the patent, you have two entities that are tied to it: the inventor and the assignee. Many times the patent inventor hands off the patent to a company as the assignee. Pertaining ...
4
votes
2answers
2k views

Would it be infringement if I re-use a PART of a patented product in my own design?

If I purchase an existent patented commercial product, extract one specific part out of it, and re-use that one part in my own design (as part of a device that I manufacture and then sell), is this ...
4
votes
4answers
425 views

put on notice of possible infringement for pending application

Is it improper to notify party manufacturing a knock-off of product with PATENT PENDING of POSSIBLE or POTENTIAL patent infringement while a patent is pending? What if application has been requested ...
4
votes
2answers
630 views

Personally liable for patent infringement

Can the director of a one man UK limited company be held personally liable if his product infringes a US software patent? The UK company's software product is sold in the states over the internet.
4
votes
2answers
746 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 ...
4
votes
1answer
108 views

How does this patent affect digital downloads of multimedia at sites like Dropcards.com?

How does patent application US20100325182 affect dropcards.com and similar websites that allow users to send in their media and artwork then furnish the users with unique cards? Users hand out the ...
4
votes
2answers
228 views

Taking ideas from other apps

Is it legal to take a idea from some existing app and re-code it for my app? It may sound very vague, but here is the situation: I found an android app and I like to code it for windows desktop. I am ...
4
votes
3answers
214 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 ...
4
votes
3answers
7k views

A patent with both apparatus (i.e. system) and method?

I read a while back that one's goal should be a patent that is a method, a system and a means (I don't quite know what a means is). Is this actually a good goal? I also read that all the steps of a ...
4
votes
2answers
339 views

D/285,860 and D/253,629 - These look like an ordinary skateboards

The two styles shown are standard skateboard shapes that have been around for decades (surfboard-shaped and "fishtail"). There's lots of varieties of both these shapes in production everywhere. The ...
4
votes
2answers
129 views

I could be sue for patent infringement just to have my website with a system or platform of a third company?

If I have my website created with a third party company and they are infringing any patent, could I be sue, just to be a user of that software or program?
4
votes
1answer
79 views

Any sort of fair use clause for software using methods years before they get patented?

This question probably was already asked thousands of times, yet I could not find any similar question. One creates a software. An innovative one with lots of fancy new things which were never ...
4
votes
1answer
530 views

If we have constructed a game and later found out it is patented, what do we do?

We were recently introduced to the game Nine Square in the Air by some friends. We decided to try it out at our non-profit camp, so we built our own version. Later on, someone brought it to our ...
4
votes
1answer
1k 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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