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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14 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.
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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 ...
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1answer
33 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 ...
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2answers
32 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 ...
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1answer
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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?
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1answer
16 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 ...
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1answer
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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: ...
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1answer
29 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 ...
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1answer
23 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 ...
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2answers
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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 ...
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1answer
36 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 ...
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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 ...
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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". ...
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1answer
23 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 ...
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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?
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1answer
28 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 ...
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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 ...
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1answer
41 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?
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1answer
30 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 ...
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0answers
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video game patent

Ok, I have a specific question. I have read that you can patent in-game features, all kind of minor stuff, like an arrow on your screen showing you where to go, or the circle-dialogue menu in Mass ...
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2answers
26 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 ...
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1answer
26 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.
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1answer
29 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? ...
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1answer
61 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 ...
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1answer
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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, ...
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2answers
59 views

Does Apple have patents on basic UIKit classes?

When it comes to UIs, many different UI toolkits exist such as Qt, GTK, Motif, and UIKit. So I would be surprised if it turned out that common features of UIKit which appear on many platforms as well ...
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1answer
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Continuation Patent

When a continuation patent is approved, will the parent patent still hold the rights to sue others if a product infringe the parent application and not the continuation patent
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3answers
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How to protect my idea/prototype at little or no cost?

I have an idea for a medical device that has been called "phenomenal" , "solid idea" etc...from medical professional friends of mine. Now I don't want companies in China to copy my idea...! Problem ...
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1answer
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Can an improvised device made of used packaging be patented?

I'm using a so-called cantenna (antenna made of a used can) as an example. Suppose there's no evidence that anyone has tried a cantenna but antennas of similar design, just made of other materials, ...
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1answer
47 views

Design Patent for existing Utility Patent

Can an existing inventor get a design patent to protect their design if there is already an issued Utility Patent? US Based patent. If so, do you cite the Utility Patent in the Design Patent ...
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2answers
238 views

What is the best way to add co-inventor item in your CV

I am a co-inventor in a filed patent. I want to properly mark this in my CV. As far as I can understand the concept correctly, first of all, since I am one of number of inventors I am a "co-inventor". ...
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1answer
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Restriction Requirement

What is the rationale behind writing the term inventions, species, or groups, while raising a restriction requirement. How these three nomenclatures (invention, group, and species) are different and ...
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1answer
37 views

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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1answer
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Can a patentable but not fully developed method be protected?

Is it possible to protect a method which is otherwise patentable but which has so far been developed only in broad lines? In other words it is novel and applicable, but not fully teach-able yet. As ...
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4answers
82 views

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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1answer
61 views

For patent do you have to make your discovery public?

I have developed a website with a friend of mine, and the site is working. But it is not currently not in a form which is presentable to the public, which will take us a little bit longer to do. We ...
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1answer
70 views

Can you patent an DialogFlow Bot?

Dialogflow is a Google-owned developer of human–computer interaction technologies based on natural language conversations. The company is best known for creating the Assistant, a virtual buddy for ...
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2answers
95 views

Application rejected at examination stage - How to proceed best?

Some months ago I filed an application for a national patent (in an EU country). The examiner pointed out several amendments to be made, which I did after I discussed with him twice. Eventually the ...
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1answer
46 views

Is software developed in UK is patentable in US?

I work for a company in UK. This company is a branch of an american company. We have developed a software that resolves technical problems in an innovative way for the processing payments industry. I ...
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1answer
44 views

When can an examiner dismiss two independent claims if just one is allowable?

If a patent examiner tries to force a restriction on 1 of 2 independent claims, and the applicant elects to tie them together as obviously connected, is it legal for the examiner to dismiss both if he ...
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2answers
58 views

Open source software was used in an invention. What should one keep in mind while patenting it?

I have developed a fault tolerant control method which I am trying to get patented. I have used scipy and numpy in the simulations which serves as a proof of concept. Would the fact that I've used ...
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1answer
65 views

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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1answer
48 views

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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2answers
45 views

Prior art time relevance when filling continuing application

I was wondering whats considered a prior art when dealing with a continuing application? From reading online, once a continuing application is approved, it receives the allowance date of the original ...
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1answer
56 views

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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1answer
54 views

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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1answer
68 views

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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1answer
46 views

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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2answers
1k views

Patentability of a specific method of web content filtering

My friend is the creator and vendor of a web content filtering software. His clients are ISPs who then offer this service to their customers. Recently his clients received a very threatening "...
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1answer
34 views

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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