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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How i can patent an idea and concepts? Can I patent a new idea and new concepts?

So I have many ideas and concepts to take patents so there we can patent an idea and concepts. How much will it cost to take patent an idea. Is it too much costly. I am individual from India
Prakalp Upadhyay's user avatar
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Is a less restrictive rule different or a subset of a more restrictive rule?

A patent application for a software system, or a set of rules basically, is facing potential prior art challenge. The prior art invention has 5 elements/rules: 1. Rule_A 2. Rule_B 3. If and when A ...
Bear Bile Farming is Torture's user avatar
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1 answer
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Can the invention of a sport be patented?

If one was to combine two different variations of sport in a manner that has not been done before, can this new hybrid sport be patented?
vncnt's user avatar
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2 answers
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Tinder vs Bumble swipe matching process and "Alice decision"

I came across this article: https://minesoft.com/tinder-patented-swipe-right/ Tinder's patents: https://patents.google.com/patent/US9733811B2/en https://patents.google.com/patent/US11513666B2/en https:...
Bear Bile Farming is Torture's user avatar
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1 answer
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how to write a claim for this attachment

suppose I have two vertical panels that was attached with each other as image attached, could I write below. one vertical edge of the panel attached to another panel surface by appropriate meanings ...
cmabill's user avatar
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1 answer
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Active U.S Patent Expired (U.S. Patent No. 8,475,818)

Has Active U.S Patent Expired (U.S. Patent No. 8,475,818) ? When was issued and when does it expire?
Danilo Lou's user avatar
1 vote
1 answer
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Patenting a feature of a larger invention where that feature is listed in the embodiments of a prior patent

A competitor patent has a certain implementation which is listed as an alternative embodiment in the detailed specification, although it is not covered in the claims. My own invention comprises ...
Joebevo's user avatar
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2 answers
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What happens if I patent an existing idea which has not been patented?

If I find a novel design in some old, obscure literature, which was never patented and is not commonly used in products, what happens if I patent it? If the patent is granted and then the owner of the ...
Gimme the 411's user avatar
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1 answer
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Can patent technology be accesed by someone with teck knowledge?

I am thinking about applying for a patent, If my accounts are not secure when I purchase a patent, Can the technology be accessed and potentially make security issues worse by using the technology ...
Serendipity's user avatar
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2 answers
21 views

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 ...
Pa_'s user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
Maurice's user avatar
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2 answers
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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, ...
Bear Bile Farming is Torture's user avatar
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1 answer
27 views

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 ...
Bear Bile Farming is Torture's user avatar
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2 answers
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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 ...
Bear Bile Farming is Torture's user avatar
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1 answer
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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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
chasly - supports Monica's user avatar
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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 ...
Creativity Overflow's user avatar
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1 answer
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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 ...
Creativity Overflow's user avatar
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2 answers
117 views

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 ...
Kingof Jong's user avatar
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2 answers
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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 ...
user1876484's user avatar
-1 votes
1 answer
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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 ...
PedulliF's user avatar
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1 answer
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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 ...
Pacerier's user avatar
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2 answers
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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 ...
Thomas's user avatar
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-1 votes
1 answer
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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 ...
Hymns For Disco's user avatar
2 votes
3 answers
288 views

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 ...
Drakes's user avatar
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1 answer
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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 ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
19 views

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 ...
Bear Bile Farming is Torture's user avatar
2 votes
1 answer
61 views

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 ...
Oden's user avatar
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1 answer
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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?
Bear Bile Farming is Torture's user avatar
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1 answer
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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.
Laurence Dawkins's user avatar
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1 answer
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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....
ehh hhh's user avatar
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1 vote
1 answer
60 views

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?
ehh hhh's user avatar
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1 vote
1 answer
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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?
Bear Bile Farming is Torture's user avatar
1 vote
2 answers
78 views

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?
Tam To's user avatar
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1 vote
1 answer
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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 ...
Lishachulisha Magenta's user avatar
0 votes
2 answers
37 views

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 ...
logikman's user avatar
1 vote
2 answers
35 views

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? ...
Lishachulisha Magenta's user avatar
1 vote
2 answers
53 views

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 ...
Bear Bile Farming is Torture's user avatar
1 vote
2 answers
78 views

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, ...
Sazzad Hissain Khan's user avatar
-1 votes
1 answer
51 views

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 ...
Nagarjuna Sagar's user avatar
0 votes
3 answers
38 views

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, ...
Bear Bile Farming is Torture's user avatar
0 votes
4 answers
209 views

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) ...
Chris Glasier's user avatar
2 votes
2 answers
97 views

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 ...
Sazzad Hissain Khan's user avatar
1 vote
1 answer
54 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 ...
user13654090's user avatar
0 votes
1 answer
39 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 ...
Sazzad Hissain Khan's user avatar
0 votes
1 answer
37 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 ...
Sazzad Hissain Khan's user avatar
2 votes
1 answer
108 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 ...
Sazzad Hissain Khan's user avatar
2 votes
1 answer
122 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 ...
Sazzad Hissain Khan's user avatar
1 vote
3 answers
49 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 ...
ASA's user avatar
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