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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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How can someone patent data mining?

This patent us7930197 says data mining of personal data is patented. Looks like patent officers weren't aware of data mining's huge overreach.
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2answers
1k views

How could a patent have an extremely broad claim?

US patent application 2004/0249303 appears to patent everything… including everything that is 3D and has 'subregions'. How is this patentable? What problem is it solving? Claim 1 is: A method ...
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1answer
367 views

Can a patent be refiled after 20 years with slight changes and additions?

In the process of seeking a patent on a domino-style game, I found a game with a lot of physical likeness to mine. That game was patented around 1950. Can I still file a patent since that patent has ...
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2answers
2k views

What is the difference between a provisional and a non-provisional patent application?

The Detailed Description of this patent application begins with the sentence: This is a non-provisional application based upon U.S. provisional patent application Ser. No. 61/451,429, entitled “...
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2answers
373 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 ...
4
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1answer
779 views

Can I file a patent after publishing as part of collaborative public content?

I have been considering a wikipedia style system for code (software), and am trying to figure out what the patent implications are. Aside from the risk of accidentally violating someone else's patent (...
7
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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 ...
2
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2answers
2k views

Could I patent a robust communication protocol (aka Morse code)?

If so, how would I do so? And why would patent law allow it?
3
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1answer
458 views

Terminal Disclaimer

Does anyone know of a situation in which a terminal disclaimer would not be appropriate in a nonstatutory double patenting rejection where the asserted patent and pending application are co-owned?
4
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1answer
137 views

Registering Patent, Can a way of doing things be registered as patent or copyrighted?

I'm working on a method of user authentication. I Googled the whole web, different places like Wikipedia, and some science journals and didn't find the strategy I'm using. Can my strategy be ...
0
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1answer
197 views

Will my patent application still be considered if my company goes bankrupt?

My company is bankrupt and we have an outstanding patent application. Will it still be considered and possibly approved?
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2answers
327 views

How are continuations assessed?

TQP are currently suing more large companies for using RC4 and SSL/TLS, but the way the patent was awarded confuses me. From the Cipherlawgroup article linked to: The application for the ’730 ...
2
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1answer
100 views

Patentibility of ‘Systems and methods for identifying unauthorized users of an electronic device’

As I was reading US patent 8289130 ‘Systems and methods for identifying unauthorized users of an electronic device’, I was just asking myself questions on how come this is patentable? How does it meet ...
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1answer
376 views

Is assembly of existing products a 'Manufacture'?

I have an 8x5 binder and have adhered one additional item to it. I've also modified the paper that fits this binder, which fixes an existing issue. The binder provides use for a specific audience. ...
3
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1answer
670 views

Can XML/JSON structure formats be patented?

Is it possible to patent or trademark XML/JSON data structures? If Company A had a service that requested common data and Company B chose to use an identical structure for their clients, could Company ...
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4answers
4k views

Can one patent software if that software uses a library that is Apache License, BSD, or MIT?

I just read that under BSD, Apache, and MIT Licenses, one can use, modify and redistribute source code in a product as long as credit for the open source portion is given back to the the author. That ...
6
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3answers
4k views

Can teaching methods be patented?

I plan to develop an open-source software application that speaks words in a foreign language while displaying pictures that represent the words. Can teaching methods (such as Rosetta Stone's language ...
7
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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, ...
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3answers
165 views

Does this analyzer server meet the “full, clear, concise” terms of 35 USC 112?

Could you explain me how the 35 USC 112 rule is satisfied by the patent US5946647: The specification shall contain a written description of the invention, and of the manner and process of making ...
5
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4answers
554 views

Patent that references non-existing material

I have a concept for a technology that requires a currently non-existing material. I can describe the properties of this material. Unfortunately, I have not been able to find a good real-life material ...
6
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3answers
457 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 ...
7
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2answers
745 views

Practicality of faster than light travel

How was a patent granted for a technology that violates basic physics? Hyper-light-speed antenna Patent number: 6025810 Filing date: Oct 2, 1997 Issue date: Feb 15, 2000 From the abstract: "A method ...
9
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1answer
667 views

Does a public discussion related to a patent invalidate the patent

If I discuss or seek advice from others on portions of a patent on public sites such as SO, does that invalidate the patent? For example, lets say I have an idea in mind of a software patent which ...
7
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3answers
620 views

The SPDY protocol is not patented. Could it have been? Is there prior art?

Google's SPDY protocol is a way to reduce web page load time be smart-multiplexing of the content. It has gained a strong opening acceptance among high-traffic organizations. Despite armchair ...
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2answers
636 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 ...
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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 ...
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4answers
4k views

Are US software patents enforceable in the UK?

The UK Patent Act 1977 clearly states that It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of ....
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7answers
2k views

To what extent is a Java Off-Heap management patent applicable?

I am looking for some details about a Patent Application #20120222005 submitted by Terracotta Inc. around Off-Heap (Direct Memory) data stores. Here are some of its claims: 7. A method of managing ...
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4answers
374 views

How patentable are Fine Art products?

Fine Art is heavily dependent upon per-piece uniqueness. However, sometimes a good style / form comes along that excites people. Does this fall under the category of a design patent (on a specific ...
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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 ...
9
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2answers
907 views

Prior art for new treatment for anxiety disorder

Consider this WIPO: METHODS FOR TREATING SOCIAL DISORDERS and its current 3 entries at national levels: #US20110027765 -> Reviewer has requested some changes in the claims but it's going forward. UK: ...
27
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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?
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1answer
361 views

General primer on what's patentable in the United States?

I know "it depends..." But what are some general principles on what is patentable and what isn't? I have various ideas, as do we all, some of them good, as do we all, but I don't want to keep running ...
5
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5answers
1k views

Can a system for wirelessly charging a mouse battery be patented?

I'm a Engineering student in Canada. Me and a couple of my friends developed a simple inductive system for wirelessly charging a mouse's battery. The mouse pad has a grid of neodymium magnets built in....
5
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4answers
980 views

Can I patent my logic for a pantry management system?

Is it possible to patent my own logic for determining if pantry items have gone bad in a software system for managing items? I don't expect there to be a god-given algorithm for this logic, but if I ...
13
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4answers
10k 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 ...
11
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3answers
897 views

Are Software Development Methods patentable?

For example, if something like a method of Agile programming practices were singularly developed before they were popularly used, could a company have patented the 'system' including the parts that ...
15
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1answer
5k views

Prior art for Apple's Magsafe

Having read through the claims of Magsafe patent #7311526, I am not sure how it differs from previous examples of magnetic power connectors. What exactly is the novelty being claimed in that ...
32
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3answers
1k views

What is the window for finding prior art on a patent application?

I know that patents are not part of the public purview until months or years after the patent application is filed. Once these patent applications are made public, for how long can I submit prior art (...
14
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2answers
2k views

Can a very basic shape of a product be patented?

There have been recent patent fights (such as Apple v. Samsung) that seem to claim certain basic physical forms of devices, such as a smartphone, can be patented. Aren't there a limited number of ...
17
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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 ...
13
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1answer
1k views

Was there a landmark controversial software patent of a trivial idea before the “XOR flashing cursor” patent?

Currently the majority of bad press about trivial software patents is all centred around Apple and other smartphone industry players. A few years ago it was the Amazon "1-click" patent everybody was ...
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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 ...