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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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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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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.).
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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 ...
2
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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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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 ...
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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
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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
48 views

Can I patent an idea for an app?

If i have an idea for an app, can I patent it so that no one else executes the idea first while I am still working on it?
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1answer
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Can I file patent for my new Automated Teller Machine?

As part of my degree project ,I designed an automated teller machine by adding and removing some of the existing and new features of automated teller machine and the simulated using visual studio.Can ...
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1answer
39 views

Can one file a patent application (e.g. 20130293680) without public and prior works research?

Reviewing patent application # 20130293680 , and it appears that no thorough investigation has been made for prior works as well as public domain knowledge and adoption of techniques. Should ...
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1answer
139 views

What are the possible reasons for this application [ Application number US 13/653,469 ] to be rejected under US Patent Laws?

Publication number US20130128027 A1 Publication type Application Application number US 13/653,469 Publication date May 23, 2013 Filing date Oct 17, 2012 Priority date Nov 18, ...
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0answers
94 views

What are the best post-Alice strategies for drafting claims in software patent applications?

As I understand, the Alice decision set up a two-step rule for determining patent eligibility. Subsequent rulings in the U.S. (like McRO, Inc. v. Activision Publishing, McRO v. Bandai Namco Games ...
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0answers
67 views

'Technical effects' of software patents for eligibility

For patent eligibility of software patents in many countries including EU there is a requirement of 'technical effects' on the hardware device. These 'technical effects' are technological advances or ...
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0answers
41 views

Patentability due to conflicts between dependent and independent claims

For the patenting of one idea, found an existing granted patent which is slightly similar, though seems to not cover the entire idea. One aspect though is not so clear whether it will be an issue or ...
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0answers
34 views

Public sales abroad constitute disclosure

One would not be surprised to read from 35 USC 102(a)(1) that novelty is not satisfied when: the claimed invention was patented, described in a printed publication, or in public use, on sale, or ...
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0answers
104 views

Patent has multiple prior art, why is the multiple prior art not preventing the grant of it?

In reference to the patent: US8470388 COUNTRY - Patent Number United States - 8470388 Australia - 2013207081 Austria - EP2801242 China - CN104115561B Czech Republic - EP2801242 EPO - EP2801242 France ...
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0answers
34 views

How to evaluate IT contract for patent and invention content

If I want to work for an organization, and agree to something along the lines of: 10. Inventions. Except as otherwise provided in any prior written agreement(s) between the Employee and ACME, ...
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0answers
61 views

This patent looks to be a spam/troll attempt

In reference to the patent: US20100313926 I'm an electrical engineering major that just graduated with my masters degree. I was looking at zeolite applications and I stumbled onto this patent. After ...
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0answers
26 views

What constitutes prior art in relation to this application?

In reference to the patent: CA2907779A1 I know for a fact that prototypes of the subject of this patent application were marketed to crop growers in California & Texas (as finished product), as ...
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0answers
38 views

Can this patent on fecal transplant be granted?

In reference to the patent: WO 2014/121298 A2 This is a treatment method in human medicine and thus a patent could not be granted - at least here in Sweden. Correct? The effects of bacterial ...
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0answers
74 views

Can this patent be rejected?

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 (...
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0answers
16 views

Is there a patent for an ostomy pouch

I'm interested in designing clothes with an ostomy pouch in them. But I need to know if the pouch is a patent.
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0answers
32 views

Can I broaden a patent while it is tested to work with specific conditions and environment?

Suppose that I am going to file a patent about defect detection of a specific equipment based on machine vision (even its technology belongs to X company) I implemented the system and it works for ...
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0answers
32 views

Patent expire limit

In reference to the patent: US7841131 Is this a design patent? Wouldn't it be expired as the 14 year limit is up?
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0answers
14 views

Is traditional plant material improvement sufficiently descriptive to be considered full disclosure

Patent WO2008110876 A1 discloses a method to enhance the oil production capability of tobacco seeds by means of either mutagenising (chemically inducing mutations) or hybridising existing varieties of ...
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0answers
46 views

prior art for US 20150079942

In reference to the patent: US20150079942 I am looking for prior art for US patent application 20150079942. I believe this invention has overly broad claims. According to me invention has not at ...
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0answers
21 views

Is this patent on the process or on the machinery?

In reference to the patent: US8820666
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0answers
22 views

The patent claim one benefit of purification and then try to over reach. Nothing new

In reference to the patent: US20140093916 What is new about it? it is just the same as other protein based affinity purification.
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0answers
30 views

Not Novel and Obvious

In reference to the patent: WO2014165349A1 How is this patentable? Where is the inventive step? This reminds me of Molecular Pathology vs. Myriad Genetics.
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0answers
27 views

Expiration of patent 5,580,417 as well as technology used in tensioning cap in Figure 5

My first question has to do with patent #5,580,417. I believe this patent is expired, but are there any other patents in force using the same technology? My second question is in regards to the ...
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0answers
17 views

Does this patent cover up the use of a chuck to screw on to a threaded pipe

In reference to the patent: US8567823 Does the patent block the use of chucks on threaded tubes?, my design uses a rotating wheel to screw the chuck on which is locked at the end
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0answers
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Amendments in Claims and complete Specification

I filed a patent from India for National phase. But mistakenly i uploaded a wrong document of claims. As a result i got many flows in First Examination Report regarding my claims. I have applied for ...
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0answers
86 views

Termination of patent right or utility model

I was looking up some prior art that reads, "Termination of patent right or utility model", in the LEGAL EVENT notice on the patent document. what does this mean? why would/could it say this?
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0answers
35 views

Should I Seek a Utility or Design for a Software Heavy Invention?

I am monkeying around with a device that its uniqueness is a combination of hardware and software, but the software is the predominant feature. The 'old' device is a hardware item that connects with ...
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0answers
91 views

how many times this patent has been cited until now?

In reference to the patent: US2708656
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0answers
48 views

Reviving a product, with a patent, that has not be produced in over 40 years?

How could one revive a product with a patent that has not been created in over 40 years? The company that has the patent does not and has not made the product in over 40 years, and I would like to ...
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0answers
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If I work for a company and present an Idea and they reject it, can I go on my own and patent that idea?

I had an idea for a product a couple years ago and I worked on the product at home then I presented it to my employer. They were not really interested, I have now made some modifications and have a ...
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0answers
41 views

Patentability of language improvement

Is it possible to patent an improvement of a Programming language ( new method to write it) in order to sell the improvement to Microsoft or others. Thanks.
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0answers
72 views

Website Workflow and Service Patents

I am in the process of creating a website, that provides a service that is more generic than another "similar" website. The website only provides a service for a particular service, where my website ...
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0answers
42 views

On an informal type of patent

What if there was an Informal Patent that has a standard fee and no need for a patent Lawyer or a prototype. If a person pays the fee it get's registered no matter how nutty it is.
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0answers
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Does anyone know the patent number for First Response™ Gold™ Digital Pregnancy Test by Church &Dwight?

First Response was reformulated to include a new antibody to hCG beta-core fragment in a digital pregnancy test. Does anyone know whether Church & Dwight have filed patents on this new test?
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135 views

How to get a patent invalidated?

Recently while I was writing up a patent, I discovered that another person has written a patent that is so badly and vaguely worded that it could be used to cover my invention. Whereas I offer clear ...
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0answers
33 views

US8618969: Missing a key reference

S. Balasubramanian et al., "Systematic analysis of interleaved digital-to-analog converters", Circuits and Systems II: Express Briefs, IEEE, 2011. Much of the claims overlap with the content of this ...
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0answers
43 views

Idea of Suggesting Application by time

I have this idea in a very vague form which I have not seen implemented yet but maybe someone can tell me if it is out there already or not. It might not be worth a patent as its just an addition but ...
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0answers
48 views

Required specifications of “new design”s

I am really confused about this patenting procedure. specially I want to know besides the requirement that the "new idea" have to be original, what specifications do the "new idea"s and specifically "...