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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32 views

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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24 views

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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31 views

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 ...
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1answer
46 views

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 ...
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1answer
75 views

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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3answers
28 views

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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2answers
28 views

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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1answer
71 views

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 ...
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1answer
15 views

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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2answers
28 views

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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1answer
43 views

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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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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31 views

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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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 &...
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1answer
41 views

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'...
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2answers
26 views

How much information about my invention can I disclose to a large audience without compromising my ability to patent the invention in the future?

I'm currently working on a new energy generator as part of an independent engineering research project at my university (in the US). I have the idea fine-tuned, and I'm ready to build the prototype. ...
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42 views

Do I need permission when using Arduino and other electronics for constructing a new device that I want to patent?

Do I need permission from the manufacturers when using Arduino and other electronics (such as DC/DC voltage converters, LCD screen and other common electronics) for constructing a new device that I ...
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50 views

Can you patent in a futuristic idea with great detail

Like a space industry idea for AI are in an immortality idea etc using a pre vision patent and a great detail but not a physical product yet then license it to companies are super AI concepts or idea ...
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53 views

Can specialization of a prior art be patented?

Can generalization of a prior art be patented? Let's say a prior art X exists claiming for only system A, B, C. Now I have come across an idea of making the prior art idea applicable for A~Z with some ...
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2answers
61 views

Who is the inventor in an invention composed of several already existing sub-devices?

Let´s assume that a company has designed and developed several "building blocks", components, elements or devices that when combined and considered in a specific way (and only in that way) ...
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24 views

Retrospective patent following manufacture in a different juristiction?

If there is a patent granted only in another juristiction can they retrospectively apply for a patent if you manufacture something similar in a different juristiction? Consider this time-line: party ...
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2answers
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USA Citing a patent that is european

Thank you for the warm welcome on Patent StackEchange. When citing a patent, because presently, I am writing it myself before a pro-bono student works on it. Does this simply mean you are (claiming) ...
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1answer
43 views

Can I have a patent for a product inspired by a really famous movie?

so I have this product, and it only exists in this scifi movie, when you think about this product automatically you remember the movie, example: light saber from starwars.(this is not the product) so ...
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0answers
28 views

Patenting computer software/method that uses public domain aspects

Is it possible to patent or maybe copyright a process of protecting say a file format as a software utility patent, or another type of patent if it uses free domain technology? The main hurdle I am ...
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1answer
106 views

Can I patent an application of a popular technology?

Can I patent an application of a popular technology? Let's say Blockchain is a very popular technology nowadays and there are hundreds of applications proposed and ongoing in many different domains ...
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2answers
76 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 ...
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60 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
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62 views

Idea vs implementation

I know that this idea is not patentable: "An app that allows people to find their perfect restaurants to eat in." It is too general, too abstract: But what about the implementation to the ...
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2answers
59 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 ...
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0answers
33 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?
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1answer
53 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 ...
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2answers
53 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 ...
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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 ...
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2answers
47 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 ...
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1answer
20 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 ...
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2answers
41 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 ...
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1answer
32 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 ...
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1answer
47 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 ...
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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 ...
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1answer
39 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 ...
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2answers
139 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 ...
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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 ...
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2answers
87 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?
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1answer
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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 ...
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1answer
33 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 ...
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1answer
109 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?
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1answer
49 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?
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2answers
104 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 ...
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1answer
45 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). ...
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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 ...

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