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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Can generalization 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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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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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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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
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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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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
101 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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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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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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Idea vs implementation

I know that this idea is not patentable: "An app that allows people to find their perfect match for marriage." It is too general, too abstract: But what about the implementation to the idea: ...
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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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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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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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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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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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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
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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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39 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
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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
36 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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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
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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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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
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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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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
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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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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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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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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
42 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
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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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Using an expired patent as part of a new patent

I have an idea for a product which has not been patented and is rather unique. However, my design would include a hook and loop fastener. Since Velcro's patent on this has expired, am I allowed to use ...
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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
58 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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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
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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
83 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
24 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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55 views

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
46 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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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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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
34 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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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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