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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8 views

Can I get a local patent for a design in Nigeria

Can I file for a patent when I only have the CAD rendering and not the real design? This is specific for Nigeria.
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53 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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43 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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3answers
115 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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Would I be infringing on a patent with a accessory for the patented design?

I have created a fooseball table (table soccer) accessory / design improvement depending on the aspect of which I can legally pursue also variation of product installation or the incorporation of the ...
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1answer
33 views

How are worldwide patent application numbers generated?

If in a worldwide patent application I wanted to create a significant number (e.g. a spouse’s birthday/ wedding anniversary) would I be able to request that number or are the numbers randomly ...
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77 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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Can I file a patent in the following scenario?

Suppose that there is a product whoes patent has been approved and some other individual has made a product that works on the same principle(like gravitational force) but has a different product ...
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10 views

US design patent how long do I have to file a Utility Patent? OR design patent in the EU? Thanks

I filed a US design patent, how long do I have to file a Utility Patent in the US? How long do I have to file a design patent in the EU? If I am already selling the product can I file a EU patent?
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54 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
16 views

Factors influencing patentability

• How unique or vague can the intellectual property to be patented be? • Is it possible to patent improved versions of pre-existing patents that aren't necessarily owned by the patentee? If yes, are ...
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Are patents WO2015191648A1 and US20190365145A1 valid? Another older patent covers claims 1 - 4. What to do in such a case?

I'm not sure if these patents (WO2015191648A1 and US20190365145A1) are valid. Maybe someone can help me regarding following questions: According to WO2015191648A1, under legal events there is stated: ...
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Do the weights of a neural network get any kind of IP protection?

The real 'knowledge' or the learning that makes a neural network give results is the values behind of the edge weights which are literal expressions (numbers) as seen below. The neural network is ...
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Can I sell in Europe a product patented in the United States?

Here I have a product that was patented by my competitor only in the United States. I had the idea of launching it in Europe. Based on some research, I was able to find out that I don't have the right ...
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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)?
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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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2answers
127 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?
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1answer
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How can I protect a product idea before seeking help with research and development?

It’s quite natural that inventors have doubt that if I give idea to someone what will happen to my idea?
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130 views

How important are claims in provisional 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 convert it within a year? I have read that you cannot mention ...
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1answer
23 views

Commercializing a published research paper without the permission of author?

Is is possible for any to commercialize my published research paper once it is published in a renowned journal, I haven't applied for the patent? I know that once you are published, the knowledge ...
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48 views

How can this be patented?

"Genetically Modified Cannabis Sativa Plants And Modified Cannabinoid Compounds For Treatment Of Substance Addiction And Other Disorders" This is absurdly general. It would be the same like patenting ...
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1answer
36 views

Non-novel/non-inventive patent of subcomponent of device that was already previously patented?

I have been following a (U.S.) patent for a particular type of technology. The patent application for this technology specifies that it was published in 2017, with a related patent by the same ...
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47 views

Design Patent for existing Utility Patent

Can an existing inventor get a design patent to protect their design if there is already an issued Utility Patent? US Based patent. If so, do you cite the Utility Patent in the Design Patent ...
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Guides for a newbie patent researcher [duplicate]

I'm a newbie in patent research. I'm presently given a task to find a prior-art on some documents, to be candid, I don't know. Could experts here help suggest A GET STARTED approach? It could be done ...
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33 views

We didn't patent a possible innovation before the release. What are the risks?

Last year I joined a project started by a friend. He was working for some years on an electrical device and I helped him in many aspects. Recently, the "project" became a "sellable product". ...
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Applying for a patent that is similar to a granted patent

There is a product I want to create, but noticed there is a patent for it. However the first claim is compromised of 5 components. I am wondering if it's possible to be granted a patent that takes ...
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I have a closed patent due to nonpayment of maintenance fees

I would like to reopen my patent that was closed due to nonpayment of maintenance fees. Should I refile?
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Can a patent be applied for a scheme or product, that uses available techniques, to satisfy a specific purpose?

I came across an article stating that the co-founder of Molo rewards has sued Google for allegedly infringing US Patent No. 7,298,271(Link to the patent). On looking into the patent, it is clear that, ...
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Does a granted patent mean it is scientifically correct or that the US patent office has validated its scientific accuracy?

have an interesting question..Does a granted patent mean it is scientifically correct or that the US patent office has validated its scientific accuracy? I saw a patent GRANTED by USPTO that made no ...
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228 views

Inventor not included

Someone invented the power failure protection of an application, as well of the software flow. The patent was filed without even mention to this inventor. I spoke with one attorney. He said, the ...
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281 views

Can I patent a calculation method or application, that uses previously undefined variables?

I work in an industry where a large portion of the manufacturing process is "black box" - you don't get instant production feedback from the equipment. You literally take notes on the product that you ...
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2answers
77 views

What would be the best course of action to patent a newly discovered chemical?

Although it may sound unlikely, I believe I discovered a chemical. I am highly inexperienced in chemistry and law and now seeking assistance. If I am correct in my discovery, this chemical has ...
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1answer
30 views

Can a patented idea be implemented in a different experimental set up without buying the patent?

This is my first post in 'Ask Patent', so pardon me if the question turned out to be very stupid. I am a PhD student working in nuclear medicine. Recently I had started working on a project. But soon ...
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video game patent

Ok, I have a specific question. I have read that you can patent in-game features, all kind of minor stuff, like an arrow on your screen showing you where to go, or the circle-dialogue menu in Mass ...
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I want to know if I can patent such algorithm?

My algorithm uses the modified version of existing algorithm (architectural modification) and I have combined it with existing mathematical law. so can a patent restrict others form using such ...
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1answer
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Can design patent be renewed?

The lifetime of design patent is 14 years (for designs which were filed before May 13, 2015) / 15 years (for designs which were filed on or after May 13, 2015) from the date of grant.
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1answer
29 views

A question about a patent of Thumbtack

Thumbtack seems to have patented their business model (link to patent is below). Is it possible to patent a general business idea like this? Is it not possible to build a similar business in the US? ...
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3answers
408 views

Design patents for tapes of varying shapes and sizes?

Let's say I have an idea about tape. This tape has always had the capability to be sold in color, but never into different shapes. It has always been sold in a straight line. I want to make them in ...
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1answer
61 views

Can you patent an idea that has not yet been produced

My team and I (UK based) are working with Graphene-based materials and have recently come up with an idea that we want to patent. However, we have not yet developed this idea into a functioning ...
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2answers
632 views

How does patenting regarding Bluetooth technology work?

First of all, thanks for your time! Bluetooth technology basically uses a short radio to wireless connect two devices. I was wondering if it is possible to patent the use of Bluetooth technology ...
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2answers
59 views

Does Apple have patents on basic UIKit classes?

When it comes to UIs, many different UI toolkits exist such as Qt, GTK, Motif, and UIKit. So I would be surprised if it turned out that common features of UIKit which appear on many platforms as well ...
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304 views

Mathematics patented (first post here, very shocked)

I'm reading a combinatorics books, and I was searching for assignments (questions) on Elementary Symmetric Functions, which are quite simply fundamental functions that have the property of swapping ...
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1answer
82 views

Is it normal in US to patent a device which does not exist yet?

In reference to the patent application 20190295733. I might be wrong, but as far as I know a working Plasma Compression Fusion Device wasn't made yet, although it is possible theoretically. However, ...
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1answer
36 views

Continuation Patent

When a continuation patent is approved, will the parent patent still hold the rights to sue others if a product infringe the parent application and not the continuation patent
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1answer
8k views

Is the Domino's Pizza Tracker actually patent pending?

4 years ago Domino's launched the "pizza tracker". It has since then said "Patent Pending" on the tracker image. Is this actually patent pending? Any chance they would actually get the patent? ...
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94 views

How to protect my idea/prototype at little or no cost?

I have an idea for a medical device that has been called "phenomenal" , "solid idea" etc...from medical professional friends of mine. Now I don't want companies in China to copy my idea...! Problem ...
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1answer
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Can an improvised device made of used packaging be patented?

I'm using a so-called cantenna (antenna made of a used can) as an example. Suppose there's no evidence that anyone has tried a cantenna but antennas of similar design, just made of other materials, ...
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1answer
65 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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224 views

What is the best way to add co-inventor item in your CV

I am a co-inventor in a filed patent. I want to properly mark this in my CV. As far as I can understand the concept correctly, first of all, since I am one of number of inventors I am a "co-inventor". ...
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811 views

If a patent claims a method, is a subset of the method's steps also covered?

Assume there is a patent that has a claim for a method, the method comprising 5 steps: Step 1 Step 2 Step 3 Step 4 Step 5 Two questions: If I drop Step 5 and use a method consisting of Steps 1 ...

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