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.
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Patentability of an algorithm applied to new device
Can relatively know design/graphics algorithm be patented if applied to a new device type?
for example, let's say this is year 200x and someone wants to patent interactive maps and navigation on a ...
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why couldn't twitter patent the hashtag?
What made twitter differentiated was that its tags can be arbitrarily created by the users of the APP. This seems innovatively different from other websites at the time where the tags are pre created ...
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How does plagiarism in a patent description affect its validity or patentability?
While browsing patents for insecticide related inventions that use denatonium as an aversive agent, i noticed two patents that use the exact same paragraph in their description. The text can be found ...
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Does "smaller clothes hangers for petite women" really pass the novel requirement?
According to this article https://www.upcounsel.com/non-obvious
"If your idea is to make clothes hangers in smaller sizes for petite women's clothing, it's possible that your invention is novel, ...
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1
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25
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Patenting a Sandbag?
Sandbag is defined as sand sealed inside a textile bag.
The general form of this invention of course has existed since forever.
Given the above definition, if a sandbag with certain dimensions or ...
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2
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60
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patenting a chair made up of wood from a special type of tree
Let's suppose that someone has discovered that wood from a specific tree, hitherto unused in making chairs, provides profound health benefits when sat on.
Can they claim the patent of "chairs ...
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1
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45
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can a bucket full of rocks ever be patented?
Let's suppose that I have discovered an amazing use case for the combination of a bucket full or rocks, can I then patent bucket full of rocks, or at the very least can I patent bucket full of rocks ...
6
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How basic can a patent be? (Hypothetical example: conductor's baton)
This is a hypothetical question but of course there may be real-life ramifications.
Hypothesis: Imagine that for centuries, right up to the present day, orchestral conductors had used only their hands ...
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2
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31
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Patent grant despite prior art describing the same invention
Is it possible and are there cases where patents have been granted even though there is prior art that describes the same invention? Do these patent grants have to be reverted when someone finds prior ...
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1
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What happens if someone gets a patent granted and starts selling products but someone else had a patent for the same invention before that?
Let’s assume Person A gets a patent grant for their invention and starts producing and selling a product based on that invention. After the patent opposition period Person B sues Person A for ...
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2
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57
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Do you need to inform employer of patent licensing that you obtained on your own?
I have full time job and I am thinking about getting a patent on my own and licensing it. It has no connection to my full time job. Do I need to tell my employer that I am licensing a patent. Does ...
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2
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Can one claim of the patent have greater impact (legally/commercially) than the whole patent?
Can one claim of the patent have greater impact (legally/commercially) than the whole patent?
Example: Let's imagine we want to apply for a patent of certain hydroponic system. Claim 1 describes the ...
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Simple Soccer Algorithm with positive ROI
I developed a simple algorithm that works at providing an effective positive roi in the long run in the field of soccer betting, not differing much from the one computed theoretically. I am now ...
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1
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44
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Merely offering an idea for sale negates (affects) patentability. Really?
(Assuming I have a very novel invention that has been ready for patenting (for months or more), in the US.)
Suppose I write a press release or conduct an auction (online/physical) or tweet or even ...
- 139
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2
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32
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Will our own product become prior art of our patent application?
We are a software company.
We release new features quite fast.
We have released a feature in our product in 2021, which have been used by a certain number of customers. Will it still be possible for ...
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1
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26
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What makes a product "open source"?
Take, as an example, the ErgoDox keyboard.
This website https://www.ergodox.io/ makes this claim:
The entire project (including this website) is open source, allowing you the freedom to modify and ...
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3
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160
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Military application patents?
Let’s say a regular person comes up with a new design for a missile with speakers so that said missile plays something like Flight of the Valkyries before impact to warn civilians or for psyops or ...
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1
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36
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specific example of patentability
Suppose that in prior art, all that exist is:
an apparatus comprising of:
A) A shirt piece covering the torso with attaching mechanisms on both the left and right sides of the shoulders;
Someone now ...
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1
answer
14
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Patenting a feature-add invention that requires slight modification of the base-invention
Let's suppose that you have invented a product that is a feature addon to an existing invention.
However, in order to attach the addon invention to the original base-invention, the base-invention ...
2
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1
answer
51
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Patent an item i have been selling
I came up with an idea several years ago and developed it to the stage of production and sales. I would now like to patent it due to the fact another competitor has started manufacturing it and ...
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1
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17
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Can an invention that depends on some other invention be patented?
If an invention is meant to be a feature add to some other invention, which means it can't really function on its own, can this feature-add invention be patented?
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'Novelty only' prior art
Can someone explain to me the meaning of novelty only prior art, and the difference between this and regular prior art? Thanks.
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Video Game game modes patent eligible?
I read an article saying among us could have patented their imposter game mode.
I also found patent by microsoft that is literally a game of tag but with cars. here is a video link to it https://www....
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1
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49
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What does silent references mean?
I'm reading patents allowed subject matter and it states: "the references are also silent (claims xyz)"
what does a silent reference mean?
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1
answer
27
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If an invention requires an X number of whatever, does a specific X has to be explicitly stated in the patent applicable?
My invention can work in general if it has 2 or more compartments. Can I just make it as general as possible and say "2 or more compartments", or must I claim a specific number?
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2
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Are car sharing applications patented
Are there granted patents for car sharing systems? Assuming Uber, as an early entrant has such patents, how could competitors like Lyft and careem have surfaced after Uber?
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1
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Which datasets are to be provided along-with patent application?
I am trying to patent a catalytic process (and probably the catalyst too), which I may also publish later as a research paper. However, I currently only have the reaction results - which might prove ...
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2
answers
36
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why are patents granted that do NOT solve the problem they describe
As part of researching patents I came across one that claims to solve a problem that does actually exist. https://register.epo.org/application?tab=doclist&number=EP14188074&lng=en
In broad ...
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2
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34
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Applying patent for ongoing invention
I am doing research on a catalyst for certain industrial process in India. The data are promissing but the work is not complete yet.
Can I file a patent application while having incomplete results?
...
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2
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49
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Under what circumstances can A+B be patented if A and B are already patented?
If A+B is an invention that solves a problem previously unsolved, wouldn't it be illogical not to allow it to be patented just because A and B are already patented?
For example, when A and B are ...
1
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2
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77
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A question regarding patent
Let’s say I have generated an interesting idea alone and submitted to my current company to proceed patenting and the company rejected my idea to patent because they think the idea is not worthy. Now, ...
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1
answer
43
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In India, Can we patent a 3-D printed Teaching Learning Material (TLM) [closed]
A Teaching Learning Material (TLM) is Made using 3D Printer
Example : A board with some other components which helps the kids to perform Mathematical operations.
Can such a product be patented in ...
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3
answers
37
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At what stage is your idea patentable?
Currently, I have an idea to improve, re-design, or add a feature to an existing product. The product is a piece of wearable fitness garment.
This additional feature is very simply to implement. Yet, ...
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4
answers
182
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Patentability of HTML machine
I have made a web machine out of HTML, CSS and JavaScript that, at a minimum, handles data otherwise handled in a spreadsheet application.
The machine's parts are essentially draggable holders (DIVs) ...
2
votes
2
answers
82
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Why novelty of the idea is required when non-obviousness apparently already covers the requirement?
What I understand about novelty requirement of an idea is that,
The idea is required to be new from the existing prior arts.
And by the non-obviousness requirement of the idea is that,
The idea is ...
1
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1
answer
42
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Is it possible to patent an operational workflow in EU?
I am designing a process something like "order online and collect" or "load parcels to a van in the order of the destinations to make unloading easier" (if these were novel). Is it ...
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1
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36
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Why no sue for using linked list?
I found a patent with active status apparently claimed the linked-list data structure.
A computerized list that may be traversed in at least two sequences comprising:
a first sequence of items that ...
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1
answer
36
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Can it be patentable?
Lets say, there is prior art PA whose claim is a method comprising steps A -> B -> C -> D. The method is used in a complex system S, as a part along with many other different components of ...
2
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1
answer
88
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What will happen when a patented prior art is found after the patent is granted?
What will happen when a prior art is found after the patent is granted?
A patent P was granted by USPTO and after the patent is published, a prior art PA of the P is found. Now what will happen to the ...
2
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1
answer
99
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Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim?
Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim?
If a transitional phrase, "comprising" covers broader scopes than a ...
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3
answers
40
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EPO application-Slight constructal changes on dependent claim
In EPO application, there is one document in search report and publication date of that document is after my priority date. The examiner says my 1st claim is not novel over D1. However, D1 doesn't ...
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2
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37
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Why not merging multiple patents to save money?
Why not merging multiple patents to save money?
I often find single company, single inventor submitted multiple patents at the same time. We all know that, to apply for a patent companies need to ...
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1
answer
79
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Can my idea that was published in my own blog still be patentable by me?
Can my idea that was published in my own blog still be patentable by me?
Case 1:
I have an innovative solution of a problem that was published in my websites blog. After couple of years I rethink and ...
0
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1
answer
15
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drawstring restringing system
I am an engineering student trying to contact the owners contact information in order to ask them a few questions regarding their design I was wondering if I could receive a phone number or email to ...
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2
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50
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General and specific feature
I'm trying to understand the relationship between a general and a specific feature. I'm specifically relating to an EPO guideline:
Generic disclosure and specific examples
In considering novelty, it ...
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1
answer
51
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Can ML applied on an existing idea be patented?
Can ML applied on an existing idea be patented?
Lets say there is a prior art patent P whose claims C cover the methodology steps S. Now the P did not claim any ML (machine learning) approach in their ...
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1
answer
16
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Material / Quantity specification
Let's assume we have a patent that describes a textile product containing > 30 % cotton.
Would another aka the "same" product infringe this patent if:
it would have 70 % cotton
it would ...
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2
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1
answer
40
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Which tools works for patents analytics?
I'm looking for getting some insights though patents analytics to know if my company's products are patentable. I already check some papers about it. I'm just starting so it would be cool to get an ...
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1
answer
63
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Have Apple patented "back tap" feature for mobile devices?
Have Apple patented "back tap" feature for mobile devices?
One of the coolest features of Apple iPhone, iPad is back tap. Users are able to enable and associate "double tap" or &...
2
votes
1
answer
53
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What are the rules for measuring patents obviousness and generalization?
We always try to make our claims scopes as much generic as possible at the same time overtly generalized claims often fall under obviousness.
Is there any criteria or specific rules to measure a claim'...
Related Tags
patent-infringement × 79
patent-applications × 58
software × 56
prior-art × 54
claims × 42
novelty × 28
design-patent × 21
law × 21
non-obviousness × 16
copyright × 15
prior-art-request × 14
european × 11
international × 11
patent-services × 11
usa × 11
patent-lifetime × 10
utility × 10
inventorship × 9
licensing × 9
disclosure × 8
filing × 8
opensource × 8
process × 8
algorithms × 7
more related tags
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