Questions tagged [patentability]

For questions relating to the legal requirements necessary for applications to be granted a patent. Please include a tag relating to the relevant type of intellectual property protection you are asking about. There are invention patents, design patents and utility models. For an explanation of the differences, read the full tag description.

Filter by
Sorted by
Tagged with
0
votes
2answers
62 views

What is the purpose of the composition the patent office sends

I try to make my first patent (a machine/construction) in my country. Here is how things are, I thought of an idea I constructed, it is fully operational so I make a request with the data to the ...
1
vote
2answers
35 views

In practice, which patent rejection reason is the hardest to address and overcome?

I'm referring to: 101: utility (and others) 102: lacking novelty 103: obviousness
0
votes
2answers
34 views

Idea vs implementation

I know that this idea is not patentable: "An app that allows people to find their perfect match for marriage." It is too general, too abstract: But what about the implementation to the idea: ...
0
votes
2answers
54 views

What are the absolute minimum theoretical requirements for a provisional patent application?

As far as I know, it is illegal to advertise an invention as "patent pending" unless a patent application has actually been filed. So, theoretically, if a company or individual wanted to ...
0
votes
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?
1
vote
1answer
45 views

Patentability Of Parameter Optimization For Previously Patented Process

I am curious as to patentability of one critical parameter of an existing (and patented) process. For clarity I will posit a hypothetical situation analogous to a real situation. Industrial material A ...
0
votes
2answers
49 views

PTO search opinion: authoritative?

After several searches across several days, i finally stumbled upon one patent, in Chinese, that resembles what i have invented. The (google translated, i suppose) claim is very broad, the purpose of ...
0
votes
1answer
22 views

How do divisional patent applications work?

Is it possible to file a divisional patent for an embodiment briefly described in a granted (own) patent which does not have a specific claim for that embodiment? Is there a time limit that you can do ...
1
vote
2answers
37 views

How is obviousness assessed?

I would like to ask how is obviousness of an invention assessed as it is difficult to appreciate it if you do not have experience of how several inventions have been evaluated. I think we can agree ...
0
votes
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 ...
0
votes
2answers
34 views

Can I patent the same embodiment with one functional difference?

Let's say there is a patent for a gear covered in gasoline where the gasoline is explicitly mentioned to be used for the lubrication of the gear. Can I patent the same gear covered in gasoline ...
0
votes
1answer
27 views

Can alternative embodiments well known to skilled persons but not described in my description be protected by my broad claim?

I missed from the description some alternative embodiments, particularly some different structures/versions/variations. The claim is broad and it is not limited to the embodiments of the description ...
1
vote
1answer
25 views

Withdrawal of Notice of Allowance

After receiving an NOA and paying the fee, I was anticipating an issue notification within days. Two days after paying the fee, I instead received a Notice of Withdrawal of Allowance. recorks ...
1
vote
2answers
28 views

Is it possible to patent something that was disclosed in a priority application?

I disclosed a feature in a priority application 2 years ago but it was not included in my finally pursued application. Now the priority and the pursued application have been published. Is it possible ...
0
votes
1answer
35 views

Basic Shaped Products Design Patents

I am looking into filing for a design patent, and have been consulting with a patent lawyer. The product I would like to patent is somewhat of a combination of a few basic shapes that I fear have a ...
2
votes
2answers
132 views

Understanding the claims in this machine learning patent application

I was looking at an American machine learning patent application the other day, and it detailed many specific parts. It goes through how they label the data to solve their problem, and how they train ...
0
votes
1answer
37 views

Home Design Patent

I am working on a home design patent with interlocking pieces, searched US patents and nothing came up not even similar; zero results, I was on Alibaba today looking around for an Amazon business and ...
0
votes
2answers
53 views

How can US20200206098A1 be patent-worthy when FR3037791B1 discusses the same things?

How can US20200206098A1 be patent-worthy when FR3037791B1 discusses the same things?
1
vote
1answer
17 views

How much can you change a PPA when converting into a Non-Provisional such that you will be able to keep the PPA date? [duplicate]

Concerned with PPA “converting” to Non-Provisional I am in the process of drafting up a software Provisional Patent Application. I have an issue in that there are parts of the system that require ...
0
votes
1answer
26 views

I'm looking to patent a new SaaS Education System. Processes and structure are very different from the traditional system

I am aware that I cannot disclose key information about the system/business model but I would only need to know if there is record of previous education systems being patented. It isn't just a ...
0
votes
1answer
67 views

Do you contact a lawyer when writing the description for the patent or you write it by watching other examples?

Is a lawyer needed when writing the description of the script you will give to the patent's office, or you follow other examples, and write it on your own?
0
votes
1answer
44 views

Are schematics essentially needed in a patent?

Is it essential to include drawings/schematics in my patent? Is there any way to convert color images into blue/white drawing somehow?
0
votes
2answers
87 views

How to find if my idea for a machine that I have created, worths patenting it?

My question is very simple, I have an idea, I constructed the machine, it works. Now, the question is does it worth patenting it? I mean, the amount of money in order to patent is not little for me ...
0
votes
1answer
42 views

What extent of prior publication prevents patentability?

After winning a competition, the content of my submission was posted publicly. This involved: General descriptions of features of the product (e.g.allows for remote monitoring through an ai-camera). ...
1
vote
1answer
27 views

Is it possible to file for patents in Australia within 1 year of US patent publication?

Like the US, Australia has a 1 year period after public disclosure during which we can still obtain a patent. I have filed in the US, and the patent was published at the 18 month mark. There were no ...
1
vote
2answers
40 views

Using an expired patent as part of a new patent

I have an idea for a product which has not been patented and is rather unique. However, my design would include a hook and loop fastener. Since Velcro's patent on this has expired, am I allowed to use ...
0
votes
0answers
18 views

Can I get a local patent for a design in Nigeria

Can I file for a patent when I only have the CAD rendering and not the real design? This is specific for Nigeria.
0
votes
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 ...
0
votes
1answer
51 views

How are worldwide patent application numbers generated?

If in a worldwide patent application I wanted to create a significant number (e.g. a spouse’s birthday/ wedding anniversary) would I be able to request that number or are the numbers randomly ...
0
votes
2answers
41 views

Can I file a patent in the following scenario?

Suppose that there is a product whoes patent has been approved and some other individual has made a product that works on the same principle(like gravitational force) but has a different product ...
0
votes
1answer
18 views

US design patent how long do I have to file a Utility Patent? OR design patent in the EU? Thanks

I filed a US design patent, how long do I have to file a Utility Patent in the US? How long do I have to file a design patent in the EU? If I am already selling the product can I file a EU patent?
0
votes
1answer
18 views

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 ...
0
votes
1answer
42 views

Are patents WO2015191648A1 and US20190365145A1 valid? Another older patent covers claims 1 - 4. What to do in such a case?

I'm not sure if these patents (WO2015191648A1 and US20190365145A1) are valid. Maybe someone can help me regarding following questions: According to WO2015191648A1, under legal events there is stated: ...
0
votes
1answer
65 views

Can I sell in Europe a product patented in the United States?

Here I have a product that was patented by my competitor only in the United States. I had the idea of launching it in Europe. Based on some research, I was able to find out that I don't have the right ...
0
votes
1answer
24 views

Commercializing a published research paper without the permission of author?

Is is possible for any to commercialize my published research paper once it is published in a renowned journal, I haven't applied for the patent? I know that once you are published, the knowledge ...
0
votes
2answers
54 views

How can this be patented?

"Genetically Modified Cannabis Sativa Plants And Modified Cannabinoid Compounds For Treatment Of Substance Addiction And Other Disorders" This is absurdly general. It would be the same like patenting ...
0
votes
1answer
44 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 ...
0
votes
0answers
13 views

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 ...
0
votes
2answers
38 views

We didn't patent a possible innovation before the release. What are the risks?

Last year I joined a project started by a friend. He was working for some years on an electrical device and I helped him in many aspects. Recently, the "project" became a "sellable product". ...
0
votes
1answer
45 views

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 ...
0
votes
1answer
16 views

I have a closed patent due to nonpayment of maintenance fees

I would like to reopen my patent that was closed due to nonpayment of maintenance fees. Should I refile?
0
votes
1answer
31 views

Does a granted patent mean it is scientifically correct or that the US patent office has validated its scientific accuracy?

have an interesting question..Does a granted patent mean it is scientifically correct or that the US patent office has validated its scientific accuracy? I saw a patent GRANTED by USPTO that made no ...
0
votes
2answers
77 views

What would be the best course of action to patent a newly discovered chemical?

Although it may sound unlikely, I believe I discovered a chemical. I am highly inexperienced in chemistry and law and now seeking assistance. If I am correct in my discovery, this chemical has ...
0
votes
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?
0
votes
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 ...
0
votes
2answers
29 views

I want to know if I can patent such algorithm?

My algorithm uses the modified version of existing algorithm (architectural modification) and I have combined it with existing mathematical law. so can a patent restrict others form using such ...
0
votes
1answer
56 views

Can design patent be renewed?

The lifetime of design patent is 14 years (for designs which were filed before May 13, 2015) / 15 years (for designs which were filed on or after May 13, 2015) from the date of grant.
0
votes
1answer
33 views

A question about a patent of Thumbtack

Thumbtack seems to have patented their business model (link to patent is below). Is it possible to patent a general business idea like this? Is it not possible to build a similar business in the US? ...
0
votes
1answer
62 views

Can you patent an idea that has not yet been produced

My team and I (UK based) are working with Graphene-based materials and have recently come up with an idea that we want to patent. However, we have not yet developed this idea into a functioning ...
1
vote
1answer
169 views

Is it normal in US to patent a device which does not exist yet?

In reference to the patent application 20190295733. I might be wrong, but as far as I know a working Plasma Compression Fusion Device wasn't made yet, although it is possible theoretically. However, ...

1
2 3 4 5
12