Stack Exchange Network

Stack Exchange network consists of 175 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

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.

10
votes
3answers
19k 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 ...
5
votes
1answer
316 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
2answers
42 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
3answers
37 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.).
1
vote
1answer
15 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
42 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
32 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 ...
0
votes
1answer
16 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
31 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
23 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
23 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
26 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
37 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
18 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
452 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
34 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
31 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.
78
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
34 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
58 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
3answers
51 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
2answers
42 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
55 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 ...
2
votes
2answers
89 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 ...
0
votes
2answers
50 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
63 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
29 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
725 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 ...
0
votes
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.?
1
vote
1answer
19 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
vote
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?
2
votes
1answer
619 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 ...
5
votes
1answer
293 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
32 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
33 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 ...
7
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 ...
6
votes
6answers
873 views

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 ...
1
vote
3answers
664 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. ...
4
votes
2answers
107 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 ...
0
votes
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 ...
1
vote
1answer
39 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
votes
1answer
310 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 ...
-1
votes
2answers
39 views

I want to know the status of this patent EP2676544A1

EP2676544A1 Trying to find out what the status is of this patent
0
votes
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 ...
2
votes
1answer
108 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 ...
0
votes
1answer
40 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 ...
0
votes
1answer
78 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 ...
1
vote
2answers
79 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?