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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'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.
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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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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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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?
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If an invention requires an X number of whatever, does a specific X has to be explicitly stated in the patent applicable?

My invention can work in general if it has 2 or more compartments. Can I just make it as general as possible and say "2 or more compartments", or must I claim a specific number?
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Are car sharing applications patented

Are there granted patents for car sharing systems? Assuming Uber, as an early entrant has such patents, how could competitors like Lyft and careem have surfaced after Uber?
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At what stage is your idea patentable?

Currently, I have an idea to improve, re-design, or add a feature to an existing product. The product is a piece of wearable fitness garment. This additional feature is very simply to implement. Yet, ...
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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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Which datasets are to be provided along-with patent application?

I am trying to patent a catalytic process (and probably the catalyst too), which I may also publish later as a research paper. However, I currently only have the reaction results - which might prove ...
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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 (...
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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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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 ...
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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....
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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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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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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, ...
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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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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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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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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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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 ...
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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 ...
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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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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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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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Is the balancing patent for wheelchairs from DEKA righteous?

During a market research, I found the patent EP1512055B1 from 2002. It protects a control-based balancing strategy for wheelchairs in a quite general way. However I know also about the published paper ...
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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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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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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 ...
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To which degree can an earlier but inoperable invention still be seen as prior art?

This question branched off an earlier question. The earlier question was about the strength of a patent/patent application if the inventors later publicly doubt operability because data that was meant ...
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why are patents granted that do NOT solve the problem they describe

As part of researching patents I came across one that claims to solve a problem that does actually exist. https://register.epo.org/application?tab=doclist&number=EP14188074&lng=en In broad ...
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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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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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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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Applying patent for ongoing invention

I am doing research on a catalyst for certain industrial process in India. The data are promissing but the work is not complete yet. Can I file a patent application while having incomplete results? ...
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Under what circumstances can A+B be patented if A and B are already patented?

If A+B is an invention that solves a problem previously unsolved, wouldn't it be illogical not to allow it to be patented just because A and B are already patented? For example, when A and B are ...
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A question regarding patent

Let’s say I have generated an interesting idea alone and submitted to my current company to proceed patenting and the company rejected my idea to patent because they think the idea is not worthy. Now, ...
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In India, Can we patent a 3-D printed Teaching Learning Material (TLM) [closed]

A Teaching Learning Material (TLM) is Made using 3D Printer Example : A board with some other components which helps the kids to perform Mathematical operations. Can such a product be patented in ...
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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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Can a patent that cannot work be considered prior art?

I spent four years developing a patent-able idea, but there already is a U.S. patent that claims to produce exactly the same result but has a critical flaw that renders it inoperable. Any person ...
2 votes
2 answers
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Validity of patent on Merkle Trees

(I originally posted this on law.SE and was directed here.) Patent US4309569, published in 1982 and expiring 20 years later, describes an algorithm for creating hash trees (known as Merkle trees, ...
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Why novelty of the idea is required when non-obviousness apparently already covers the requirement?

What I understand about novelty requirement of an idea is that, The idea is required to be new from the existing prior arts. And by the non-obviousness requirement of the idea is that, The idea is ...
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In practice, which patent rejection reason is the hardest to address and overcome?

I'm referring to: 101: utility (and others) 102: lacking novelty 103: obviousness
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Is it possible to patent an operational workflow in EU?

I am designing a process something like "order online and collect" or "load parcels to a van in the order of the destinations to make unloading easier" (if these were novel). Is it ...
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Do you contact a lawyer when writing the description for the patent or you write it by watching other examples?

Is a lawyer needed when writing the description of the script you will give to the patent's office, or you follow other examples, and write it on your own?
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Do Patents cover the idea or the specific technology?

I have a friend who has as idea for a product based on technology he invented. The problem is that we have seen another company that basically does the same thing, although it works differently. The ...
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drawstring restringing system

I am an engineering student trying to contact the owners contact information in order to ask them a few questions regarding their design I was wondering if I could receive a phone number or email to ...
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Can my idea that was published in my own blog still be patentable by me?

Can my idea that was published in my own blog still be patentable by me? Case 1: I have an innovative solution of a problem that was published in my websites blog. After couple of years I rethink and ...
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Why no sue for using linked list?

I found a patent with active status apparently claimed the linked-list data structure. A computerized list that may be traversed in at least two sequences comprising: a first sequence of items that ...
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Can it be patentable?

Lets say, there is prior art PA whose claim is a method comprising steps A -> B -> C -> D. The method is used in a complex system S, as a part along with many other different components of ...

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