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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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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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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1
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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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3
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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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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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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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Under "first to file" law, doesn't that mean someone can patent-troll any currently existing product?
If "first to file" is the only thing that matters, then it doesn't matter even if the product already exists. Say a patent troll picks a popular product already in use by millions of people. They see ...
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How to know if someone infringes your patent?
I want to patent a methodology for computing an important value, which is often reported by companies. My methodology gives a much better estimate of this value. The patent application attornies asked ...
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1
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Possible to make a patent with limited protection with license-like terms?
Let's say you wanted to file for a patent and wanted to allow anyone who uses the patent for personal, hobbyist, and non-commercial use and defining non-commercial to mean that manufacture to sales ...
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2
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Can a company sue for patent infringement if they aren't actively using the patent?
I am currently looking into launching a product, and did some patent research. There is a patent for an idea similar to mine (enough for my idea to infringe some of the claims), but the company doesn'...
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Commercial product using GANs
I am thinking of creating a commercial product using GAN neural networks. How can I find out if the work done so far by others on which I will build upon is not patent protected. I would not want to ...
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Patent Claim Drafting
why in US a preemptive claim is patent ineligible and why the absence of complete preemption also does not demonstrate that a claim is eligible.
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Multi dependent claims (Uses and Advantages)
What is the significance of multi dependent claims in infringement analysis?
What are the advantages in claiming multi dependent claims over normal claims?
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1
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How to counter a pending application
Following a question that appeared here before, What are the ways to fight\counter a pending application?
I know you can file a third party preissuance, but what if it is past the date of eligible ...
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2
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Same usecase, different method - is this infringement?
So we are a cash strapped startup with almost zero budget for a proper FTO. We have done a patent landscape analysis in order to get an idea of similar patents. To date, we can't find any similar ...
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127
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EPO Continuation Application
Similar to CON and CIP application in US, is it allowed to file a continuation application with new subject matter in EPO ?
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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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infringing on a patented "tangible" algorithm?
I have 2 questions regarding algorithm "tangibility".
Let me give an example. Suppose I had this great algorithm for music processing, and at the heart of the algorithm is this special set of ...
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1
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Claim Interpretation 35 USC 112
Is it possible to use Claim interpretation under 112 sixth paragraph (35 USC 112 (f)) only for patent invalidation without using 112 second paragraph (35 USC 112 (b))?
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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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where can i fetch the PDF for the reference AU2018900444A0
Since the reference AU2018900444A0 is published and assigned to Resmed, where can i fetch the PDF for the said reference. Your help will be appreciated.
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Adding onto an existing Patent
So, I came up with an idea, and after some research, I've identified someone doing it already and they own a patent. My idea has some variances, but they are similar. I'd like to avoid disclosing ...
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2
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"Importing" into Patent-Issuing Country
I have a patent for a controllable-pitch propeller. I have filed successfully in the US and the patent should issue shortly. For various reasons, I did not file in foreign countries.
My question is,...
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US App Developer Patent Troll Avoidance Checklist — Publishing as individual vs as Company
I am working on a checklist (or list or strategies to consider) for new individual developers residing in the US who are about to release their first app, but are worried about patent trolls.
Whether ...
user21660
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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 ...
user21660
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Can the same patent be extended to a new country without one of the original co-author
Back in 2017 I signed a patent contract with the company in which I used to work as one of the co-authors of an invention that was going to be patented in Europe. In this contract I was forced (...
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Waiting for my application to be processed
I have applied for a provisional patent on USPTO website. The USPTO people told me that it will take between 4-6 weeks untill they process my application, and in a meanwhile I cannot disclosure my ...
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3
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Can I sell a product online (based out of Canada), if there is a patent on this same product in US?
I was in the process of starting an online business then found a company already selling this same product in US. On their website it says they have a patent pending on it. How would this affect my ...
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Can industrial processes described in patents be replicated in Not-for-profit organisations without a license?
I wonder if the processes described in patents can be replicated in not-for-profit organisation, that is, organisations that by statutory contract do not aim to commercialise a "copied" version of ...
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2
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Invention Protection for a Device With Two Different Mechanisms
If there is a device -I know that it have never been existed before- that can be implemented by two different mechanisms, lets say one rotary and the other is a linear movement mechanism. And they are ...
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how to judge if anyone infringes my invention?
My invention has A, B, C and D components and they are connected with each other with that order.
Somebody claims to have a new invention with an addition component Z with my invention:
Case 1:
If ...
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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 ...
user21660
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Can a patent be granted if the idea infringes?
I understand that patents are a "negative right," but...
Is it a reasonable assumption that patents aren't granted if they infringe on prior patents?
Is there any precedent where a product (that is ...
user21660
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Does disclosure of an invention forever bar anyone (except you) from patenting it?
If someone discloses/markets a genuinely new (patentable) idea without patenting it (allows 12-months to go by without filing a provisional), does that mean that noone else will ever be able to patent ...
user21660
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Have patent trolls ever gone after an individual?
When publishing mobile apps, both on Android and IOS, one has the choice of registering as an individual, or as a company -- presumably an LLC.
Is it legal to assert a patent against an individual ...
user21660
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US App Developer Patent Troll Avoidance Checklist — If a mobile app is free (donation only), does that indemnify against patent trolls? [duplicate]
I am working on a checklist (or list or strategies to consider) for new individual developers residing in the US who are about to release their first app, but are worried about patent trolls.
Whether ...
user21660
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2
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Is it necessary to define the expected usage scenario for a patent?
Let's say PERSON A has a patent idea for a new type of golf club... and in their patent application, they say the reason for the invention is that golfers need a better tool to do x,y, and z to help ...
user21660
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is this patent US 9401941 only valid in US? or other countries too?
I have seen a website patent which is granted in US. My question is this patent valid only in US or other countries too? If I make a same website in Germany, then I am infringing their patent?
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Impact of claim scope on potential infringement
It happens often that patent claims have as broad a scope as they can get away with. However, I have heard that, if your invention can be in general described by an independent claim of a third-party ...
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Did this company patent a type of auction?
I built a mobile application reverse auction where for 60 seconds the price of an item falls and multiple users have the chance to enter to buy this item. The first person to enter wins the item.
...
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How does ClickMeter operate without infringing on Omniture's patent?
Omniture has a patent to its credit that deals obtaining link-related information using link-tracking servers. This is identical to the way that ClickMeter operates. When I search Google Patents, it ...
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Hello dear community, I am a third party seller on Amazon, and I received an infringement complaint stating my product infringes on a design patent
From the images depicted in a design patent, from what I know about the design patents, I can clearly see that designs are different, as well as the materials. Am I right? Can I defend the claim that ...
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Set-theoretic view of dependent vs. independent claims
I know that the role of dependent claims has been thoroughly explained in another post in this forum. However, I wanted to clarify something, to see if I am getting this right:
A dependent claim must ...
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Can I develop a product in the UK that has a US only patent?
My idea has recently been granted a patent in the US. I am based in the UK. Can I still develop and market the product in my local territory? I assume the US patent holders could apply and be granted ...
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Can I sell a product that uses patented components?
I would like to sell a product that uses a device that is currently under patent. If I buy the device from the company and screw it onto my product, (which does something unrelated), can I sell it?
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Online Game Patents
So i'm quite new to this and i've been trying to find something about this subject, but most of the questions people are asking are if they can patent their game, and i'd like to know what games i can ...
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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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Claim value and detectability of infringement
In days of yore, mechanical inventions had physical embodiments and patent infringements were visible to the eye.
Fast forward to the age of information where methods and devices to solve problems ...
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