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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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4answers
58 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
votes
1answer
25 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
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1answer
32 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 ...
0
votes
1answer
79 views

Aren't Recycled bottle candles in the public domain?

In reference to the patent: US20140234791 People have been making candles from recycled bottles for years. Is putting a lid on the candle really different enough to warrant a patent?
0
votes
2answers
158 views

Philips suing Nintendo

Philips is suing Nintendo for infringing patent number 8537231, in relation to the Wii and Wii U. The patent was filed in 2009, 3 or 4 years after the release of the Wii, although the priority date ...
2
votes
1answer
124 views

Who owns the rights to plastic spoons now? (US D234017 S)

In reference to the patent: USD234017 Who owns the rights to plastic spoons now? Their patent was only to last 14 years
1
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3answers
56 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
3answers
70 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.).
3
votes
2answers
93 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 ...
1
vote
1answer
37 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 ...
1
vote
1answer
49 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 ...
5
votes
2answers
374 views

Is it possible to get a patent for a new Web Browser 'Button'?

Is it possible to get a patent for a new Web Browser 'Button'? I don't have knowledge about patents and I don't know if this new thing really fits to this thread. Basically I was thinking for ...
2
votes
2answers
78 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 ...
7
votes
2answers
721 views

Good patent books for startups and inventors?

Does anyone have a suggestion for good books or other resources on patents for startups and inventors? It seems like most things are “do it yourself” guides or texts for attorneys that don’t have the ...
7
votes
1answer
369 views

How to defend your work from patent vultures?

Many of us put our ideas in github or articles, hoping they will be just used. However, as I have currently a tough lesson, if your idea turns out successful, you can count on patent vultures trying ...
0
votes
1answer
37 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.?
1
vote
1answer
22 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
1answer
27 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?
0
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1answer
42 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
35 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 ...
1
vote
1answer
34 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 ...
11
votes
2answers
20k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
0
votes
2answers
50 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
2answers
45 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 ...
2
votes
2answers
37 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
33 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 ...
1
vote
1answer
26 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 ?
0
votes
1answer
42 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
24 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
578 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 ...
2
votes
1answer
38 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)?
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.
80
votes
6answers
10k views

How to torpedo a bad patent my former large employer is filing?

I worked for a large software company recently and quit to go work a much better place. I thought I had a clean break, but apparently the company is filing to patent work I did there. The specific ...
0
votes
1answer
21 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
46 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?
0
votes
2answers
60 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?
1
vote
2answers
45 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 ...
2
votes
2answers
56 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
2answers
54 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
67 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 ...
0
votes
1answer
31 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?
0
votes
1answer
816 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 ...
1
vote
1answer
21 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 ...
2
votes
1answer
42 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?
2
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1answer
641 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 ...
6
votes
1answer
300 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 ...
3
votes
1answer
33 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 ...
0
votes
2answers
38 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 ...
8
votes
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 ...