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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1answer
19 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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looking for sticker license of character

firstly i'm new here, i hope i'm in right place for asking this. i want to make sticker from existing character. by searching on google i found someone named it "little bean" and some web named it "...
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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
33 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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2answers
28 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". ...
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1answer
16 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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13 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
27 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
31 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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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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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
25 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
20 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
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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
72 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, ...
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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
36 views

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
24 views

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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0answers
23 views

Patent Licensing Database?

I am working on a research project where, for a given number of patents (there are many) we would like to find licensing revenue information. Where can I find licensing information on patents? Are ...
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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
116 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
31 views

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
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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
60 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
67 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
93 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
38 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
57 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
62 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
49 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
49 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
65 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
45 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 "cease ...
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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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1answer
61 views

Can a business idea be patented (in India)?

I have a business idea which will take a year atleast to implement it. Just want to ask if a business idea is patentable or not (In India)?
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3answers
74 views

Patent Claim Interpretation

In patent claims why the clause 'based on' is considered to have a broader scope as compared to the other clauses (e.g. using, depending, etc.).
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2answers
96 views

How precise does a patent have to be when it is describing the usage of a neural network?

While preparing a presentation about metadata, I stumbled upon the following patent: Automatic extraction of metadata using a neural network. I have no experience with patents, but the strategies for ...
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1answer
24 views

Can the same patent be extended to a new country without one of the original co-author

Back in 2017 I signed a patent contract with the company in which I used to work as one of the co-authors of an invention that was going to be patented in Europe. In this contract I was forced (...
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1answer
36 views

Legality of filing before there is an agreement?

An acquaintance is in the following situation… Bob is a PhD student. His advisor would like him to patent his work in the medical field. Bob writes patent application. Advisor adds another ...
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2answers
50 views

Could i Patent something in the USA, not being USA citizen?

I want to Patent something in the USA,but i'm from Argentina. Could i Patent something in the USA if i'm not from the USA? Could it be done Online sending digital documents?

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