As of May 31, 2023, we have updated our Code of Conduct.

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.

Filter by
Sorted by
Tagged with
1 vote
1 answer
425 views

If each country is resonsible for its own patents, can an invention be copied from one country to another?

I'm new to patents and am a bit confused by the whole system. To my understanding a patent is applied at a federal level. Does this mean someone can go to France, see an invention that is patented ...
Donttryit's user avatar
  • 121
0 votes
1 answer
278 views

Is it possible to write software that doesn't infringe on patents?

I'm working on app not similar to Uber, but one that also facilitates peer-to-peer economic activity. However, I recently came across a patent filed by Uber, entitled "Providing a summary or ...
CodyBugstein's user avatar
1 vote
4 answers
146 views

Someone stole my computer program and said he will patent it. How can I check if patent exists?

First off sorry if this isn't the right place, I am new here. I took a job creating a computer program for a client. No formal contract was signed, though he did agree to pay me a flat rate. I gave ...
Donttryit's user avatar
  • 121
2 votes
2 answers
64 views

What if the cloud is located where the patent is null?

In reference to the patent: WO2017054090A1 I just wanted to know if someone can barely do the same thing as claimed but with a cloud located where the patent is not filed/granted/valid. For exemple, ...
user19828's user avatar
1 vote
1 answer
81 views

How is patent infringement usually being discovered?

Suppose I developed a novel video compression algorithm that compresses video in a higher rate than commonly seen method, and I patented it. Now I want to discover whether some other companies might ...
user3667089's user avatar
0 votes
1 answer
64 views

What happens if a patent has claims that infringes prior art got granted?

Suppose company A thought they developed something new and attempted to patent it. But in actuality company B already patented the same thing a few months ago. However when company A was filing the ...
user3667089's user avatar
1 vote
1 answer
795 views

If a patent expire can someone else repatent it?

I came up with an idea to solve a major problem but Theres was already a patent out. But it was patented back in the 40s and have since expired. But i see similar patents which are newer. I am not to ...
user159665's user avatar
0 votes
1 answer
100 views

How do vanishing stories on WhatsApp not infringe Snapchats patents?

Looking at Snapchat's patent Ephemeral message galleries it would seem, at least superficially, that vanishing status updates on WhatsApp do exactly what this patent protects. I copy the relevant ...
dakini's user avatar
  • 113
-1 votes
1 answer
49 views

questions on selling a product similar to a patent

In reference to the patent: US8317762 I am looking to sell a product online but a similar product has a patent for it. How can i sell a product that wont break the patent law?
user19658's user avatar
2 votes
1 answer
78 views

Does non-enabled use constitute infringement?

Consider a patent with broad specification and claims. Would it be considered infringement if one then practices the invention in a way that was not PHOSITA-enabled by the spec/claims at the ...
user132162's user avatar
1 vote
2 answers
1k views

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 ...
Lorna's user avatar
  • 11
0 votes
2 answers
68 views

I am concerned about some cosmetic products from different brands that all have same patent number. What does that mean?

I am the owner of a similar cosmetic and I want to know if in my packaging I must add same patent number, or if I need to ask for the permission of the patent owner to do that. The product is not same ...
Maria's user avatar
  • 1
0 votes
1 answer
49 views

Can I manufacture and sell the product shown in US 2010/0180382?

I would like to manufacture and resell this product. What steps would I have to take considering it has a patent? Would changing the size of the product make it okay or adding a strap to the product ...
Nigel's user avatar
  • 1
1 vote
1 answer
71 views

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 ...
user132162's user avatar
0 votes
1 answer
67 views

Markham window or Anderson window? Who was first?

In reference to the patent: US1116828 I found the original patent and the physical model for this patent will cleaning up. I am interested to know if this preceeds Andersen Window patents. This was ...
Charlie Tupitza's user avatar
0 votes
1 answer
68 views

Is this patent #7,927,287 still valid and in force?

Is this patent #7,927,287 still valid? For me is a copy of #6,467,430
Ezequiel's user avatar
1 vote
1 answer
54 views

How can I decide whether a patent is infringed?

Say I have a patent whose claimed invention is a series of actions performed by a user as: User enters a pub Orders a beer Pay with credit card Leaves the pub Now say I discover that someone else, ...
r4id4's user avatar
  • 113
1 vote
0 answers
115 views

If someone file for a full patent after i file for a PPA can they steal my idea?

This information may be wrong but as im researching patents and PPAs. I heard if i get a PPA then after someone file a full patent if i don't get a full patent after my PPA ended they can legally take ...
DeusIIXII's user avatar
  • 201
0 votes
2 answers
880 views

US 20160206031 A1 is a patent that states its the only patent of its kind? Is this true?

But there is this US 3516422 A. Publication number US3516422 A Publication type Grant Publication date Jun 23, 1970 Filing date Jun 26, 1967 Priority date Jun 26, 1967 Inventors Alworth ...
Kitty Wells's user avatar
1 vote
0 answers
32 views

If i added an improvement to my PPA using only a drawling am i covered?

Lets say i come up with a new improvement to my invention and want to file another PPA and tag it on my old one. If i only include a drawling but no claims, am i protected at all? If Someone try to ...
DeusIIXII's user avatar
  • 201
0 votes
1 answer
60 views

If i have 8 claims and Someone uses 7 of them in the same order can i take legal action?

This is hypothetical I am new to the patent world. I heard that when you file a patent and make claims, you must break your invention down. And if no one has had that combination your patent will be ...
DeusIIXII's user avatar
  • 201
0 votes
1 answer
23 views

Can person A make person B's patented design a reality?

Let's say person A has patented a machine that converts apples into oranges. Can person B go ahead and make use of this patent and start mass producing the machine while crediting A for his idea?
FriedNoodles's user avatar
1 vote
1 answer
35 views

I published this same idea on Sep 18 2010

In reference to the patent: WO2015022446A1 I published this same idea on Sep 18 2010. see here: http://www.halfbakery.com/idea/Inflatable_20Hoodie#1284821376 how can this idea obtain a patent when ...
user19286's user avatar
1 vote
0 answers
114 views

Could this be a design patent infringement?

I have a product that I am at the last stages of importing and have stumbled on a another product of similar design that is currently in application (29598689) of a design patent. As the product ...
Wellz's user avatar
  • 41
1 vote
2 answers
776 views

Must I infringe on EVERY PART of a claim to infringe...?

I have a question regarding how “close” a product can be in terms of IP infringement in the US and the use of language in a claim. We make a specific kind of paracord / kernmantle. This includes ...
James's user avatar
  • 43
1 vote
1 answer
107 views

Failure to pay Patent maintenance

If the patent is "Expired due to failure to pay maintenance fee" what happens to the patent? That is, can the idea be produced?
Joshua Nguyen's user avatar
2 votes
1 answer
423 views

How can I determine whether my product infringes this patent?

I have an idea that I am currently researching and I cannot find a product like it on the market. I looked through some existing patents and am now curious what I should be looking for. I do realize ...
Steven Carlton's user avatar
29 votes
7 answers
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 ...
DonkeyBoy's user avatar
  • 413
1 vote
0 answers
38 views

How an infringement in a qualification method would affect a product?

Let's have the following hypothetical case: Company develops a product using method 'X' for some testing procedure qualifying it. Company releases product, development is frozen, testing no longer ...
Jubatian's user avatar
  • 111
2 votes
1 answer
130 views

Creating a similar product to a patented product

In reference to the patent: USD613180 I am in interested in creating a similar product that cooks potatoes/vegetables in the microwave, but the name would be different and the design would include a ...
user19060's user avatar
-1 votes
1 answer
65 views

What does this patent cover? USD705533

What does this patent actually cover? If there is a key holder with a completely different design etc. but the same theory does that infringe? I mean does the look/design just have to be different or ...
Trucker FLY2982's user avatar
1 vote
1 answer
125 views

What is the effect of a US patent in Brazil?

I would like some help in regards to patent number US 20020187719 A1/ US6666740. I would like to manufacture something similar in Brazil, but don't want to infringe any patents. That is why I'd like ...
Gabinz's user avatar
  • 11
0 votes
1 answer
26 views

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 ...
Mr. See's user avatar
-1 votes
1 answer
19 views

Using patent US 4582096 A in commercial?

Can I use the (Hand loom provided with a mechanism for variation of the distance between breast beam and back beam US 4582096 A) patent in commercial issues? US-4582096-A
John Book's user avatar
0 votes
1 answer
28 views

Actually invented by a different person

In reference to the patent: US1899496 I have a copy of a patent given to my great grandmother for the automatic gate for railways. The patent was given on August 28, 1928. It was awarded to her but ...
marianne kovach pickard's user avatar
1 vote
1 answer
69 views

Im looking to patent a board game

In reference to the patent: US7255348 I am also looking to patent a board game with an 8 sided board, but the game is seemingly of no similarity to mine, would the 8 sided board be an issue for me ...
Steven McDowell's user avatar
0 votes
1 answer
95 views

I want to build a software similar to one that is already built but it is patent pending what are my choices?

There is an app/software that evaluates posture. I would like to create a software that does the same idea (evaluates posture) except make it better based on my needs and idea of the functions/...
Mark Wade's user avatar
0 votes
1 answer
276 views

If someone else invents and patents a design 5 years after you've been selling the same design

can they make you stop selling your own invention? Can they make you pay them licensing fees for something you designed way before they did? I designed a unique baby outfit in 2008 and started selling ...
babywit's user avatar
  • 101
0 votes
1 answer
35 views

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
user18665's user avatar
2 votes
2 answers
73 views

Could this be an infringement?

I have been served a cease and desist letter related to this patent. I have never copied or reproduced this product at all. We make all of our coins on demand and per the specifics of our customer. I ...
Kellie Legare's user avatar
1 vote
1 answer
528 views

US7878151 Dog Toy - what happened to the lawsuit between Our Pet's and Kong?

In reference to the patent: US7878151 Our Pet's filed a lawsuit against Kong for this toy (patent infringement)in February 2011. Was the case ever settled?
DeAnna Appling's user avatar
2 votes
1 answer
140 views

How to deal with two aspects of invention in claims

So, assume I have a software invention with two aspects. Let me provide an example to simplify things. Assume I invented a client and server. The client and server both communicate with one another. ...
Rick James's user avatar
0 votes
1 answer
49 views

What happens to the new patent, if there is another similar provisional patent (withdrawn or fee not paid ) available for public

We are filing a new patent, on one concept but there is a provisional patent available for public which is not valid (may be they have not paid the fee or it was withdrawn). Once our patent is ...
user18556's user avatar
1 vote
3 answers
151 views

Does patent US8396664 mean that no one in in the continental USA can 3d map golf courses?

In reference to the patent: US8396664 With the above patent in effect, does this mean that no one else in the continental USA is able to 3D map a golf course?
zach's user avatar
  • 11
1 vote
3 answers
133 views

To patent a technology on a smart device and a yet to be made apparatus

I am reading on some patents and I want to make sure I understand them right. Let us follow my example which is a custom vibrator. I have no plans on making a patent over it, I am just using it as an ...
Lynn B.'s user avatar
  • 23
1 vote
2 answers
465 views

What does method, apparatus, computer software embodied mean

what does this sentence mean: "can be implemented as a method, apparatus, and/or computer software embodied in a computer-readable medium" I have learned that method means process. Though, is this ...
Lynn B.'s user avatar
  • 23
0 votes
3 answers
111 views

What is the the scope of this patent

In reference to the patent: US9383820 Hello, I want to understand the scope of this patent. From what I saw they are patenting custom vibration patterns in relation to creation of alerts. Though, I ...
Lynn B.'s user avatar
  • 23
1 vote
1 answer
45 views

Can a patent include a claim that is encompassed by an "abstract" claim rejected in a different pending application?

There is a pending patent that has a number of very abstract claims which are currently being denied for being "abstract ideas" (although the inventor may appeal at some point). I am currently working ...
JosephG's user avatar
  • 111

1
3 4
5
6 7
11