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.

Filter by
Sorted by
Tagged with
0
votes
1answer
25 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 ...
0
votes
2answers
76 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 ...
0
votes
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?
0
votes
1answer
28 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 ...
0
votes
0answers
18 views

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 ...
0
votes
2answers
23 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 ...
0
votes
1answer
17 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.
0
votes
1answer
25 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? ...
0
votes
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 ...
1
vote
1answer
59 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, ...
0
votes
2answers
54 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 ...
1
vote
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
1
vote
3answers
86 views

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 ...
0
votes
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, ...
0
votes
0answers
21 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 ...
1
vote
1answer
39 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 ...
0
votes
2answers
84 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". ...
1
vote
1answer
29 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 ...
-1
votes
1answer
36 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?
0
votes
1answer
41 views

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 ...
2
votes
4answers
78 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 ...
1
vote
1answer
58 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 ...
1
vote
1answer
60 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 ...
2
votes
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 ...
0
votes
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 ...
1
vote
1answer
36 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 ...
0
votes
2answers
55 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 ...
0
votes
1answer
57 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?
1
vote
1answer
47 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 ...
2
votes
2answers
43 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 ...
1
vote
1answer
46 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 ?
1
vote
1answer
48 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 ...
0
votes
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 ...
1
vote
1answer
44 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))?
3
votes
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 ...
0
votes
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.
3
votes
1answer
58 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)?
1
vote
3answers
73 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.).
0
votes
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 ...
0
votes
1answer
23 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 (...
1
vote
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 ...
1
vote
2answers
49 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?
1
vote
2answers
57 views

Invention Protection for a Device With Two Different Mechanisms

If there is a device -I know that it have never been existed before- that can be implemented by two different mechanisms, lets say one rotary and the other is a linear movement mechanism. And they are ...
1
vote
2answers
61 views

Can a protocol for detection of acupuncture meridian blockage be patented?

I have developed an easy to use way to detecting blockages in the Chinese acupuncture meridian systems. Can this set of protocols be patented? If so, how do I go about doing it. Your comments and ...
0
votes
2answers
58 views

can I patent a patented invention in other countries before in The US now

I want to patent a patented invention in Korea dated on 2006 in US with my own name. Is It possible or not?
2
votes
2answers
71 views

Where is the line between hardware and software?

Lets say that someone creates an mobile app (Android/IOS) that is identical in function to a TI-85 calculator... in fact it is a perfect representation of it and identical in function and appearance ...
2
votes
2answers
60 views

Is it necessary to define the expected usage scenario for a patent?

Let's say PERSON A has a patent idea for a new type of golf club... and in their patent application, they say the reason for the invention is that golfers need a better tool to do x,y, and z to help ...
0
votes
1answer
33 views

What patent attorney did james dyson use on his bagless vaccum patent?

What patent attorney did James Dyson use on his bagless vacuum patent?
1
vote
3answers
85 views

Can a specific idea for art be protected or patented?

Can a specific idea for art be protected or patented? Example: I draw a funny cartoon of an employee falling asleep at a staff meeting. Then I add a phrase making the art even funnier (at least for ...
1
vote
1answer
24 views

Patenting/protecting the design of a mechanism within an assembly

Let's say I designed a machine that can fold any type of clothing and hypothetically, this mechanical solution does not exist anywhere else. If that same mechanism was also applicable in say the ...

1
2 3 4 5
11