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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Patentability of an algorithm applied to new device

Can relatively know design/graphics algorithm be patented if applied to a new device type? for example, let's say this is year 200x and someone wants to patent interactive maps and navigation on a ...
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patenting a chair made up of wood from a special type of tree

Let's suppose that someone has discovered that wood from a specific tree, hitherto unused in making chairs, provides profound health benefits when sat on. Can they claim the patent of "chairs ...
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1 answer
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why couldn't twitter patent the hashtag?

What made twitter differentiated was that its tags can be arbitrarily created by the users of the APP. This seems innovatively different from other websites at the time where the tags are pre created ...
1 vote
2 answers
157 views

How can US20200206098A1 be patent-worthy when FR3037791B1 discusses the same things?

How can US20200206098A1 be patent-worthy when FR3037791B1 discusses the same things?
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1 answer
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Home Design Patent

I am working on a home design patent with interlocking pieces, searched US patents and nothing came up not even similar; zero results, I was on Alibaba today looking around for an Amazon business and ...
-1 votes
1 answer
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How does plagiarism in a patent description affect its validity or patentability?

While browsing patents for insecticide related inventions that use denatonium as an aversive agent, i noticed two patents that use the exact same paragraph in their description. The text can be found ...
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1 answer
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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 ...
0 votes
2 answers
45 views

Does "smaller clothes hangers for petite women" really pass the novel requirement?

According to this article https://www.upcounsel.com/non-obvious "If your idea is to make clothes hangers in smaller sizes for petite women's clothing, it's possible that your invention is novel, ...
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1 answer
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Patenting a Sandbag?

Sandbag is defined as sand sealed inside a textile bag. The general form of this invention of course has existed since forever. Given the above definition, if a sandbag with certain dimensions or ...
3 votes
3 answers
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Prior knowledge and use

In reference to the patent: US20150107498 This process of adding MgO/Mg(OH)2 and/or Ca(NO3)2 to HFO was widely practiced art. Don't understand prior knowledge can be patented.... As matter of an ...
1 vote
1 answer
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What does silent references mean?

I'm reading patents allowed subject matter and it states: "the references are also silent (claims xyz)" what does a silent reference mean?
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4 answers
182 views

Patentability of HTML machine

I have made a web machine out of HTML, CSS and JavaScript that, at a minimum, handles data otherwise handled in a spreadsheet application. The machine's parts are essentially draggable holders (DIVs) ...
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1 answer
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What is the cost of patenting from country x to other countries?

Is it possible to patent across geographical locations, even if I am not physically in all the locations?
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1 answer
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Is a music electronic circuit patentable?

In the music industry, there are plenty of guitar effects pedals. Most of them are clones of clones and all of them are available on the market. Nobody enforces any patent and everybody lives happy ...
1 vote
2 answers
277 views

Can one patent a technology applied to a very specific physical product?

For example, there are scannable images/codes that create augmented reality experiences. I've seen this applied to advertising materials and even T-shirts. If I wanted to apply this to a product it ...
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1 answer
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Prior existing technology patented

In reference to the patent: EP3118774A1 I am working in the same field, and it seems to me that this patent is similar to a technology already existing since 2001. developed by HP: http://www.hpl.hp....
1 vote
1 answer
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Patentability Of Parameter Optimization For Previously Patented Process

I am curious as to patentability of one critical parameter of an existing (and patented) process. For clarity I will posit a hypothetical situation analogous to a real situation. Industrial material A ...
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3 answers
315 views

Is there a way to determine if hackathon ideas are ultimately patented?

Is there any way to find out if a patent application is connected to results from a hackathon? For example, it has been said that DropBox, Inc. filed two patent applications (password strength meter, ...
7 votes
2 answers
1k views

Is an electric circuit patentable?

If I make an electric circuit for a specific purpose would it be patentable? The circuit is not complicated, it is simple for a very simple task.
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3 answers
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US 6067803 A is this patent valid in India?

I would like to know untill when is this patent is valid? Is this patent applicable to India?
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1 answer
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Is this patent valid? Or just granted and never used

In reference to the patent: US8602429 Is this patent Valid? There are a lot of manufactures wordwide who sells exact this product. Can someone check for me if there are any issues going on with this ...
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2 answers
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How is the system described novel in any way? It is simply a proxy registration that has been digitzed.

In reference to the patent: US7130878
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1 answer
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How can I protect my idea outside the US?

I have an idea on my mind related to a feature on a mobile that can help someone in their life. I am outside of the USA. How can I protect my idea and where can I register it so later no mobile ...
4 votes
2 answers
749 views

Is it possible to get a patent for a new Web Browser 'Button'?

Is it possible to get a patent for a new Web Browser 'Button'? I don't have knowledge about patents and I don't know if this new thing really fits to this thread. Basically I was thinking for ...
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1 answer
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can someone patent a machine which uses signal transfer?

if in my patent application machine includes a signal transfer through data cable can someone other can patent same machine that transfer signal through wifi or Bluetooth.
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1 answer
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If I modify an existing product in a way that broadens its use, can I patent the whole thing or just my modification?

For example, if I take an existing pet training device and make modifications that allow it to be used in a new way (but also for pet training), can I patent the entire device, or just my ...
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1 answer
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Pivotting Mandrel Stolle Machinery Old in a new coat, Patent WO 2011156052 A1

How come such a patent was already used under the Coors design and that the formalisation is taking that long, applied for in 2011 and no decision yet while two years would be a more than reasonable ...
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1 answer
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'Novelty only' prior art

Can someone explain to me the meaning of novelty only prior art, and the difference between this and regular prior art? Thanks.
1 vote
3 answers
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Electrical Signals vs Electromagnetic Signals

In reference to the patent US6754472: Does the claim of sending electrical signals from the transmitter also encompass electromagnetic signals?
2 votes
1 answer
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Patent an item i have been selling

I came up with an idea several years ago and developed it to the stage of production and sales. I would now like to patent it due to the fact another competitor has started manufacturing it and ...
0 votes
2 answers
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PCT patents , is it Public Domain or up for grabs in my country?

If a PCT patent was filed in lets say "Ukraine" in 2004, but the owner let it never actually got it published as a patent in a national phase(in any country)legally may I file a similar patent in the ...
4 votes
1 answer
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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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3 answers
479 views

Can a new chemical substance without known application be patented?

Imagine I synthesize and characterize a molecule for the first time, but for which I also do not know if it has any application. Is this, under EPC, patentable?
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1 answer
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can a bucket full of rocks ever be patented?

Let's suppose that I have discovered an amazing use case for the combination of a bucket full or rocks, can I then patent bucket full of rocks, or at the very least can I patent bucket full of rocks ...
6 votes
1 answer
1k views

How basic can a patent be? (Hypothetical example: conductor's baton)

This is a hypothetical question but of course there may be real-life ramifications. Hypothesis: Imagine that for centuries, right up to the present day, orchestral conductors had used only their hands ...
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2 answers
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Patent grant despite prior art describing the same invention

Is it possible and are there cases where patents have been granted even though there is prior art that describes the same invention? Do these patent grants have to be reverted when someone finds prior ...
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2 answers
56 views

Do you need to inform employer of patent licensing that you obtained on your own?

I have full time job and I am thinking about getting a patent on my own and licensing it. It has no connection to my full time job. Do I need to tell my employer that I am licensing a patent. Does ...
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1 answer
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What happens if someone gets a patent granted and starts selling products but someone else had a patent for the same invention before that?

Let’s assume Person A gets a patent grant for their invention and starts producing and selling a product based on that invention. After the patent opposition period Person B sues Person A for ...
9 votes
3 answers
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Protecting a User Interface: Design Patent and/or Copyright

I have been reading that it is possible to file Design Patent(s) and Copyright applications on top of non-provisional utility filings. To my understanding (I am an engineer so please bear with me :) ...
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2 answers
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Can one claim of the patent have greater impact (legally/commercially) than the whole patent?

Can one claim of the patent have greater impact (legally/commercially) than the whole patent? Example: Let's imagine we want to apply for a patent of certain hydroponic system. Claim 1 describes the ...
-1 votes
1 answer
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Simple Soccer Algorithm with positive ROI

I developed a simple algorithm that works at providing an effective positive roi in the long run in the field of soccer betting, not differing much from the one computed theoretically. I am now ...
0 votes
1 answer
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How does Apple file a patent for a paper shopping bag?

Apple's new "iBag" I picked this up reading some blog. Why... is this even allowed? It's a paper bag with a handle.
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1 answer
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Merely offering an idea for sale negates (affects) patentability. Really?

(Assuming I have a very novel invention that has been ready for patenting (for months or more), in the US.) Suppose I write a press release or conduct an auction (online/physical) or tweet or even ...
0 votes
2 answers
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Will our own product become prior art of our patent application?

We are a software company. We release new features quite fast. We have released a feature in our product in 2021, which have been used by a certain number of customers. Will it still be possible for ...
-1 votes
1 answer
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What makes a product "open source"?

Take, as an example, the ErgoDox keyboard. This website https://www.ergodox.io/ makes this claim: The entire project (including this website) is open source, allowing you the freedom to modify and ...
2 votes
3 answers
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Military application patents?

Let’s say a regular person comes up with a new design for a missile with speakers so that said missile plays something like Flight of the Valkyries before impact to warn civilians or for psyops or ...
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1 answer
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specific example of patentability

Suppose that in prior art, all that exist is: an apparatus comprising of: A) A shirt piece covering the torso with attaching mechanisms on both the left and right sides of the shoulders; Someone now ...
0 votes
1 answer
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Patenting a feature-add invention that requires slight modification of the base-invention

Let's suppose that you have invented a product that is a feature addon to an existing invention. However, in order to attach the addon invention to the original base-invention, the base-invention ...
0 votes
1 answer
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Can an invention that depends on some other invention be patented?

If an invention is meant to be a feature add to some other invention, which means it can't really function on its own, can this feature-add invention be patented?
0 votes
1 answer
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Video Game game modes patent eligible?

I read an article saying among us could have patented their imposter game mode. I also found patent by microsoft that is literally a game of tag but with cars. here is a video link to it https://www....

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