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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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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 ...
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2answers
45 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 ...
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2answers
88 views

Redesign of ref#112 knob

In reference to the patent: US20090199918 The adjustment knob 112 pulls up from a locked position to rotate for pressure adjustment and pushed down to return to locked position. This knob is used ...
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1answer
15 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 ...
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2answers
48 views

File one patent or many patents?

If my invention has several innovative features, is it best to file separate patents for each feature, or for the device as a whole, or both?
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3answers
35 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 ...
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2answers
44 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?
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2answers
47 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 ...
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1answer
21 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?
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1answer
638 views

Can I patent a genetically modified animal before creating the one?

I have an idea of a genetically modified animal whose artificial features will solve certain practical problem. The combination of features is far from trivial. Can I patent (in UK, EU, US and the ...
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1answer
36 views

validity of patent and regions covered

In reference to the patent: WO2002019867A1 Is this patent still valid and if so when does it expire? Does it cover U.S.?
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1answer
16 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 ...
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1answer
38 views

Patent on work done in another Company

I have done something in a company, which has not been patented. Can I file a patent for the idea in another company?
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1answer
588 views

Can two different people own a patent in different countries?

Lets say two people work on an idea or product. Then they decide to go their separate ways since they are both moving to different countries, but agree to patent the invention in the respective ...
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1answer
281 views

What aspects of a board game might be patentable?

I have invented a board game, and I'm investigating the route of patenting some parts of it. Are there any board games that are already patented? What parts or mechanics might be patentable? For ...
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1answer
29 views

New or Different Use Patent

I invented a cosmetic tool to be used for the hands and filed a provisional patent. However, I missed the 12-month deadline to convert the patent pending to a non-provisional patent. Can I reapply for ...
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2answers
32 views

Design Around Existing

I have been designing a device and acompanying software and recently found an extremely broad utility patent that has a claim that is very similar and covers the some of the general functionality of ...
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4answers
3k views

Is it possible to get around broad patents?

This is a concept question for my and hopefully others' benefit. I have recently developed a working prototype for a medical application. It is based on a principle that was developed in the 1960's ...
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6answers
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Do Patents cover the idea or the specific technology?

I have a friend who has as idea for a product based on technology he invented. The problem is that we have seen another company that basically does the same thing, although it works differently. The ...
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3answers
633 views

How can I know if my idea is patentable?

For example I have an idea to serve customer request which lets businesses handle a greater variety of customers or an idea which helps customers achieve what they want easier and in a shorter time. ...
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2answers
106 views

How important are claims in provsional patents

Is it important to mention the claims in a provisional patent and how will the claims affect the non-provisional patent if I decided to make it within a year? I have read that you cannot mention the ...
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2answers
87 views

Is this patent US 6,910,697 still valid and in force

In reference to the patent: US6910697. Is the patent US 6,910,697 B2 still valid and in force? Also I noticed it was first submitted in 2000 and approved in 2005. This is 2017. And I have thought of ...
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1answer
38 views

Is coding knowledge required to file a patent for an app?

I have an idea in my head and I know how it will work. I can write about it in detail along with diagrams. But the problem is I don't know how to code. Can I file a patent for it with this much detail ...
3
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1answer
299 views

Delay of publication before patent filing

I have a question about the delay of publication for patent filing. Hope someone could help to clarify my doubts. I am trying to publish a journal containing results that are derived from the use of ...
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2answers
37 views

I want to know the status of this patent EP2676544A1

EP2676544A1 Trying to find out what the status is of this patent
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1answer
24 views

Can I patent and create an existing service with a different name, in a different state?

If I wanna patent my idea.. but there currently already have an app of it in a different state for which it's present, could I use and patent my idea that's similar to the existing one without getting ...
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1answer
107 views

Don't these wheels and hubcaps already exist?

Don't the turbofan wheels oultined in US20140191565A1 already exist from the 1980's, if not before then? If I do a simple image Google search for "turbofan wheels" I get examples of wheels and ...
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1answer
34 views

How Could This Patent Possibly be Granted in the Face of Public Domain Prior Art?

In reference to the patent: US9247339 This patent appears to have been granted without proper due-diligence having been undertaken to review the prior art. For well over 50 years now every ...
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1answer
77 views

is this patent original?

In reference to the patent: WO2016183695A1 Hi. I am writing a report about pearls sooo the patent in reference claims a surgical procedure to culture abalone pearls in Chile. Yet I found this paper ...
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2answers
78 views

Use of Patent outside the USA

In reference to the patent: US5727352 Is there penalties for a business using the ideas presented in this patent, in a country outside of the USA?
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3answers
226 views

Patenting a game idea in India

I am having an idea related with a game, and I'd like to get it patented. I am a resident from India. If I patent this gaming idea in my country, would it be valid in an international level, so that ...
0
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1answer
55 views

Patent for detect relation between html elements

I'm a programmer, and got a warning letter for patent infringement from a competitor's product company. My product is an Internet filter, and the relevant part - probably - is censoring negative ...
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2answers
248 views

How does patenting regarding Bluetooth technology work?

First of all, thanks for your time! Bluetooth technology basically uses a short radio to wireless connect two devices. I was wondering if it is possible to patent the use of Bluetooth technology ...
13
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4answers
1k views

Is it possible to quickly kill existing patents?

My biggest fear is that all the really valuable and very broad patents that qualify as crap have been granted, and we're merely in the midst of the "long tail" of patent applications. How can we fix ...
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1answer
34 views

Can someone patent an invention post-hoc

If an invention has already reached market, can the technology be patented by the inventor(s)? Is there a threshold of time post-hoc or just not possible?
2
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1answer
20 views

Product similiar to Abandened Patent

Our original product in 2014 had patent pending, however, for various reasons we had to abandon the patent/product. We have now invented a similiar product with various differences and we have renamed ...
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2answers
780 views

Is use in foreign countries a bar to patentability?

If an invention is in use in a foreign country, but it is not patented in that country (or any other countries), and it is not the subject of a printed publication anywhere, could that invention be ...
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2answers
1k views

Can a new use for an existing invention be patented in Germany?

Imagine the following scenario: There is an technology which I didn't invent. But I have an idea of how to use this technology, in a special way to improve or extend a different product, which also ...
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2answers
72 views

What's obvious when there really is no good prior art?

The USPTO grants about 300,000 patents per year. Maybe half of these patents would not hold up in court simply because of "missed prior art" (i.e., prior art similar or identical to the invention but ...
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1answer
44 views

Facebook was discussing about this patent in other blog, how can we find out what they are looking for?

In reference to the patent: US20150033147 I see in other blog that Facebook and twitter inquired about this patent, how can we find out that how big company search for which / type of patent?
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1answer
48 views

Is this patent on electrodes a troll and how to get it invalidated after 6-month window has passed?

In reference to the patent application: US20140088397. There are multiple versions of the same thing I don't know which is which: US20150289775, WO2014047032. A friend of mine is a researcher in ...
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3answers
222 views

Why can patents so broad and vague get awarded?

Take a look at this patent. wo2013112217a3 There are hundreds if not thousands of patents filed before this patent that utilize this fundamental principal. Technically all samurai swords are in ...
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2answers
109 views

How are patents managed internationally?

I have recently read about patents and am in a confusion on how these patents are handled internationally? Which is the foremost authority on patents? And at last how much time on an average does it ...
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2answers
50 views

Overly broad claim

In reference to the patent: WO2017193026A1 I see that claim number 1 is too broad: A waterjet system, comprising: a pump configured to pump fluid at a pressure between 2000psi and 8000psi; My point ...
3
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1answer
61 views

To which degree can an earlier but inoperable invention still be seen as prior art?

This question branched off an earlier question. The earlier question was about the strength of a patent/patent application if the inventors later publicly doubt operability because data that was meant ...
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2answers
122 views

App idea i need to copyright or patent

What is the process i can take to either patent or copyright an idea for a smartphone app? How can I present my idea to a company like google or apple?
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1answer
175 views

Long arm quilting machines have been on the market for over 40 years

In reference to the patent: WO2015015158A1 Can you get a patent for a product that sells in high volume on the market over the past 40 years?
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3answers
43 views

Which patent is right?

I am developing a cosmetics line and have come up with a unique packaging design. It's not just the look, the package actually opens in a different way. Would I need a design patent or utility patent.
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1answer
62 views

What does it mean when a patent has a status of “grant”?

US 5333765 shows a status of "grant" on Google. However, in the PAIR database, the status "Abandoned -- Failure to Respond to an Office Action" is shown for this patent number. Does this mean the ...