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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.

5
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1answer
428 views

Jurisdiction of a US patent?

Just read Top 10 (US) Patents for 2014 and spotted one that essentially covers a business process that's only really applicable outside of the US: Bank of America’s the Foreign Currency Solution (U.S. ...
9
votes
2answers
787 views

Repatenting someone else's dropped provisionals

My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions? And how ...
4
votes
1answer
786 views

Do I have to come with an actual prototype before filing a patent

When we come up with an idea (and let's assume that this idea can be implemented), can I just go ahead and file for a patent (in which I fully describe in much detail its nature and content), or do I ...
29
votes
8answers
12k views

Should I patent my idea before posting it on the internet?

Should I patent my idea before posting it on public internet forums? Could someone who sees my post beat me to it?
2
votes
2answers
80 views

Software invention with two components

So, assume I have an iOS application with two components. Let us call those C1 and C2. C1 takes input from the user and does some calculations then stores it for C2 to do more calculations and display ...
1
vote
2answers
130 views

Is this a design or a utility patent?

In reference to the patent: US7878930
18
votes
2answers
819 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 ...
14
votes
4answers
11k views

Can game mechanics be patented?

There's a board game that I really like called Mystery Mansion. I want to make a similar digital version of the game for various mobile platforms, but I don't want to get sued by Milton Bradley (Now ...
3
votes
1answer
424 views

The patent WO2013041665A1 is a copy of public knowledge

In reference to the patent: WO2013041665A1 The patent WO2013041665A1 is a copy of the multiplication method: Sustainable Sugarcane Initiative (SSI). No presents innovation, this multiplication system ...
4
votes
2answers
2k views

Stolen Idea Patented

I think I made a mistake about a month ago and disclosed an idea that I had to a colleague. I'm in the process of taking the idea to market, but it hasn't gone public yet. I wasn't planning on ...
7
votes
2answers
3k views

How does one know if a patent was reexamined?

Is there a public database that show whether a US patent was reexamined or challenged in any other way? If so where is it?
5
votes
1answer
49 views

Can I broaden the scope of a claim w.r.t. prior art through the use of “other than”?

(This question is closely related to What practical requirements are there for unity of an invention with multiple independent claims?, in which I ask for details about the "unity" of an invention ...
2
votes
3answers
274 views

Can I patent a product that has already failed?

I am looking to launch a product which has already existed in Australia but failed to make any money at the time. The product was created around 3 years ago but the company seems to have ceased ...
2
votes
2answers
618 views

Is spreadsheet software patented?

Is spreadsheet software protected by patents? I know that in the early days of spreadsheets there were legal battles over this question. A quick search on Google patents also shows that there are ...
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 ...
31
votes
4answers
2k views

What constitutes an original patentable idea in software?

We regularly hear a lot of news about software patents and how certain companies own or are buying gobs of patents in order to stave off potential law suits. What constitutes an original patentable ...
22
votes
4answers
9k views

What does “patent pending” mean?

After reading an answer to this question, I realized how often I see the term used in marketing. What kind of security level does a pending patent give you? Why do so many companies use them? And ...
3
votes
1answer
448 views

How do you invalidate a patent?

I'm interested in a beginners guide on how to invalidate a patent, like searching for prior art, and what to do next, etc. Hopefully someone can help!
14
votes
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 ...
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 ...
8
votes
2answers
2k views

Are data structures patentable?

US7028023 seems to be a patent for a data structure (a variation on a linked list with an extra pointer to the item after the next item). Are data structures generally considered patentable, if so, ...
4
votes
2answers
374 views

How does one start patenting an idea in the United States?

I have an idea to do with visual projection systems. I'm not versed on the subject but I am technically inclined (I study computer science and engineering). How would I go about obtaining a patent for ...
8
votes
2answers
645 views

Can software be patented after being made public?

Let's say I made software initially publicly available, but some time in the future I decided I wish to patent it. Could I? Is there any time limit on how long after making software publicly available ...
4
votes
1answer
520 views

Can you patent an existing bacteria without any modifications?

In reference to the patent: US7244424
3
votes
1answer
230 views

Can it be a patent?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
2
votes
3answers
340 views

How similar does non provisional and provisional patent have to be?

I prefer to not spend a lot of money before I see if it has any value so I would like to file a provisional patent on my own. The basic invention takes some data from inputs encodes it in a certain ...
1
vote
2answers
446 views

Combining two claims for two inventions in one patent

I was informed by the patent agent that I work with that I can combine two related inventions in one patent if they function together and use similar features. He said that by combining the two I ...
7
votes
3answers
472 views

Are patents which are dependent on prior inventions valid?

Example: PersonA files a patent, such as a gesture, which depends on a touch screen. PersonB holds the patent for touch screens. PersonA is therefore patenting a use for touch screens. PersonA's ...
6
votes
2answers
264 views

Objecting granted Patent based on own e-mail correspondence as Prior art?

15 years ago I filed a provisional patent to establish myself as first in line to patent an idea for a novel internet business. I then submitted the idea (my working notes and flowchart) to a ...
5
votes
1answer
139 views

How can pseudo-science be patentable?

In reference to the patent: WO 2008/097922 A3 How can a patent office/examiner accept such pseudo-scientific literature? There is no rational basis here, thus no “intellectual” property. It looks ...
5
votes
1answer
73 views

What practical requirements are there for unity of an invention with multiple independent claims?

(This question is closely related to Can I broaden the scope of a claim w.r.t. prior art through the use of "other than"?, in which I ask about patentability in case I have to compress all ...
5
votes
2answers
104 views

What is the inventive step in CA2726258A1?

In reference to the patent: CA2726258A1, "Anti-tumoural effects of cannabinoid combinations". It looks like this patent application was actually a report done on a study about the efficacy of using ...
4
votes
1answer
217 views

What is the difference between a US copyright and US patent?

Assume I create a "Swiss knife widget v1." Do I own a "copyright" on the widget? What does a copyright protect? Assuming I do have a copyright on the widget, if another company copies my widget ...
3
votes
2answers
813 views

Can bacteria be patented?

In reference to the patent: WO2013050792A1 How can bacteria be patented? It is not an "invention" whatsoever.
3
votes
2answers
547 views

Can I patent a time machine?

Can I make a request of patent for a time machine that has as principle the use of the gravity?
2
votes
1answer
199 views

There is liquid formula that is patent pending on the market. Can i also get a patent for a similar formula?

There is liquid formula that is patent pending on the market but I have also developed a formula which works the same way but has totally different ingredients. Am I still eligible for a patent?
1
vote
1answer
127 views

What is the best way to bring a relevant 102 prior art reference to an examiner for a published application?

I found non-patent literature in the form of a letter to the editor correcting a review article. The correction is on point as 102 art for a currently pending published application which is being ...
1
vote
2answers
689 views

prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee

I have a question about the prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee. Earlier filed application: Indian Patent application ...
1
vote
1answer
56 views

What copyright or patent infringements could I step into by remaking an old game?

There is a very old game from Westwood Studios currently owned by Electronic Arts I'd like to remake, but I don't know if I can turn it into a business due to the related copyrights and possible ...
0
votes
1answer
72 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 ...
0
votes
3answers
179 views

How the idea or solution should be protected before having a patent for it

I've written a technical paper and have sent it for publication. There's a chance that some other can make use of my paper and file a patent before me. How to protect the paper, when we are publishing ...
0
votes
1answer
556 views

Will my comic reader app violate Comixology patent?

I am developing an app for iOS devices which has almost the same guided view type reader for comic panels. There are a lot of posts on the web about fights between Marvel and Comixology regarding the ...
0
votes
2answers
3k views

Does US 2006/0073976 A1 really describe how to build a time machine?

The patent for a time machine has been filed with the United States Patent and Trademark Office by one Dr. Marvin B. Pohlman of Tulsa, Oklahoma. By creating an artificial wormhole time travel ...
0
votes
1answer
420 views

What is difference between PCT and EP and can they be disputed?

I need to know what these are exactly and if they are enforceable. Is there a way to know if the PCT has an expire date or how many times it's been filed and published? Or how to know if anyone has ...