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.
51
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Jurisdiction of a US patent?
Just read Top 10 (US) Patents for 2014 and spotted one that essentially covers a business process that's only really applicable outside of the US: Bank of America’s the Foreign Currency Solution (U.S. ...
- 323
9
votes
2
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948
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Repatenting someone else's dropped provisionals
My question is, can anybody provide any part of the US patent law proving or disproving the statement that:
Dropped and unpublished provisionals do not impede novelty of other inventions?
And how ...
user18033
5
votes
1
answer
858
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Do I have to come with an actual prototype before filing a patent
When we come up with an idea (and let's assume that this idea can be implemented), can I just go ahead and file for a patent (in which I fully describe in much detail its nature and content), or do I ...
- 53
29
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8
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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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2
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181
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1
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2
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102
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Software invention with two components
So, assume I have an iOS application with two components. Let us call those C1 and C2. C1 takes input from the user and does some calculations then stores it for C2 to do more calculations and display ...
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18
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2
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892
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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 ...
- 751
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4
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18k
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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 ...
- 263
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2
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How does one know if a patent was reexamined?
Is there a public database that show whether a US patent was reexamined or challenged in any other way? If so where is it?
- 93
5
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2
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Stolen Idea Patented
I think I made a mistake about a month ago and disclosed an idea that I had to a colleague. I'm in the process of taking the idea to market, but it hasn't gone public yet. I wasn't planning on ...
- 159
4
votes
1
answer
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Can I broaden the scope of a claim w.r.t. prior art through the use of "other than"?
(This question is closely related to What practical requirements are there for unity of an invention with multiple independent claims?, in which I ask for details about the "unity" of an invention ...
- 227
3
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1
answer
435
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The patent WO2013041665A1 is a copy of public knowledge
In reference to the patent: WO2013041665A1
The patent WO2013041665A1 is a copy of the multiplication method: Sustainable Sugarcane Initiative (SSI). No presents innovation, this multiplication system ...
3
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2
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873
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Is spreadsheet software patented?
Is spreadsheet software protected by patents? I know that in the early days of spreadsheets there were legal battles over this question. A quick search on Google patents also shows that there are ...
- 169
2
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2
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4k
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Can I patent something that is already sold in another country?
Can I get a US patent on something that is already created in Asia?
- 21
2
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3
answers
384
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Can I patent a product that has already failed?
I am looking to launch a product which has already existed in Australia but failed to make any money at the time. The product was created around 3 years ago but the company seems to have ceased ...
- 121
85
votes
6
answers
11k
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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 ...
user1005
33
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4
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2k
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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 ...
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22
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4
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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 ...
- 331
14
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4
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1k
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Is it possible to quickly kill existing patents?
My biggest fear is that all the really valuable and very broad patents that qualify as crap have been granted, and we're merely in the midst of the "long tail" of patent applications. How can we fix ...
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2
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Can someone patent someone else's invention?
In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
- 263
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2
answers
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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, ...
- 281
8
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3
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5k
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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 ...
- 221
8
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2
answers
664
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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 ...
- 285
7
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3
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492
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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 ...
- 171
7
votes
2
answers
399
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Objecting granted Patent based on own e-mail correspondence as Prior art?
15 years ago I filed a provisional patent to establish myself as first in line to patent an idea for a novel internet business.
I then submitted the idea (my working notes and flowchart) to a ...
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5
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1
answer
235
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How can pseudo-science be patentable?
In reference to the patent: WO 2008/097922 A3
How can a patent office/examiner accept such pseudo-scientific literature?
There is no rational basis here, thus no “intellectual” property. It looks ...
- 51
5
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2
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128
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What is the inventive step in CA2726258A1?
In reference to the patent: CA2726258A1, "Anti-tumoural effects of cannabinoid combinations".
It looks like this patent application was actually a report done on a study about the efficacy of using ...
- 51
4
votes
1
answer
116
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What practical requirements are there for unity of an invention with multiple independent claims?
(This question is closely related to Can I broaden the scope of a claim w.r.t. prior art through the use of "other than"?, in which I ask about patentability in case I have to compress all ...
- 227
4
votes
1
answer
678
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Can you patent an existing bacteria without any modifications?
In reference to the patent: US7244424
4
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1
answer
227
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What is the difference between a US copyright and US patent?
Assume I create a "Swiss knife widget v1."
Do I own a "copyright" on the widget? What does a copyright protect?
Assuming I do have a copyright on the widget, if another company copies my widget ...
- 151
4
votes
2
answers
379
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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 ...
- 41
3
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2
answers
1k
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Can bacteria be patented?
In reference to the patent: WO2013050792A1
How can bacteria be patented? It is not an "invention" whatsoever.
- 31
3
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2
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1k
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Can I patent a time machine?
Can I make a request of patent for a time machine that has as principle the use of the gravity?
- 31
3
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1
answer
513
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How do you invalidate a patent?
I'm interested in a beginners guide on how to invalidate a patent, like searching for prior art, and what to do next, etc.
Hopefully someone can help!
- 31
3
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2
answers
63
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How is obviousness assessed?
I would like to ask how is obviousness of an invention assessed as it is difficult to appreciate it if you do not have experience of how several inventions have been evaluated. I think we can agree ...
- 133
2
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3
answers
390
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How similar does non provisional and provisional patent have to be?
I prefer to not spend a lot of money before I see if it has any value so I would like to file a provisional patent on my own.
The basic invention takes some data from inputs encodes it in a certain ...
- 123
2
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1
answer
241
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There is liquid formula that is patent pending on the market. Can i also get a patent for a similar formula?
There is liquid formula that is patent pending on the market but I have also developed a formula which works the same way but has totally different ingredients. Am I still eligible for a patent?
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2
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1
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239
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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 (...
1
vote
1
answer
142
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What is the best way to bring a relevant 102 prior art reference to an examiner for a published application?
I found non-patent literature in the form of a letter to the editor correcting a review article. The correction is on point as 102 art for a currently pending published application which is being ...
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2
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Why not merging multiple patents to save money?
Why not merging multiple patents to save money?
I often find single company, single inventor submitted multiple patents at the same time. We all know that, to apply for a patent companies need to ...
1
vote
3
answers
189
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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 ...
- 111
1
vote
1
answer
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What copyright or patent infringements could I step into by remaking an old game?
There is a very old game from Westwood Studios currently owned by Electronic Arts I'd like to remake, but I don't know if I can turn it into a business due to the related copyrights and possible ...
- 113
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2
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750
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prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee
I have a question about the prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee.
Earlier filed application: Indian Patent application ...
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0
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1
answer
773
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What is difference between PCT and EP and can they be disputed?
I need to know what these are exactly and if they are enforceable. Is there a way to know if the PCT has an expire date or how many times it's been filed and published? Or how to know if anyone has ...
0
votes
2
answers
58
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General and specific feature
I'm trying to understand the relationship between a general and a specific feature. I'm specifically relating to an EPO guideline:
Generic disclosure and specific examples
In considering novelty, it ...
- 135
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votes
2
answers
9k
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Does US 2006/0073976 A1 really describe how to build a time machine?
The patent for a time machine has been filed with the United States
Patent and Trademark Office by one Dr. Marvin B. Pohlman of Tulsa,
Oklahoma.
By creating an artificial wormhole time travel ...
- 113
0
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1
answer
59
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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 ...
prior-art-request
0
votes
2
answers
697
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Combining two claims for two inventions in one patent
I was informed by the patent agent that I work with that I can combine two related inventions
in one patent if they function together and use similar features.
He said that by combining the two I ...
0
votes
3
answers
207
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How the idea or solution should be protected before having a patent for it
I've written a technical paper and have sent it for publication. There's a chance that some other can make use of my paper and file a patent before me. How to protect the paper, when we are publishing ...
- 143
0
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1
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99
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Patent for detect relation between html elements
I'm a programmer, and got a warning letter for patent infringement from a competitor's product company.
My product is an Internet filter, and the relevant part - probably - is censoring negative ...
- 103
Related Tags
prior-art × 10
software × 5
law × 5
claims × 4
novelty × 3
copyright × 3
filing × 2
patent-lifetime × 2
non-obviousness × 2
unity × 2
international × 1
design-patent × 1
pct × 1
usa × 1
inventorship × 1
european × 1
disclosure × 1
utility × 1
legal × 1
patent-pending × 1
us × 1
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