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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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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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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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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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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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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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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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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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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What will happen when a patented prior art is found after the patent is granted?

What will happen when a prior art is found after the patent is granted? A patent P was granted by USPTO and after the patent is published, a prior art PA of the P is found. Now what will happen to the ...
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Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim?

Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim? If a transitional phrase, "comprising" covers broader scopes than a ...
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EPO application-Slight constructal changes on dependent claim

In EPO application, there is one document in search report and publication date of that document is after my priority date. The examiner says my 1st claim is not novel over D1. However, D1 doesn't ...
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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 ...
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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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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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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 ...
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Can ML applied on an existing idea be patented?

Can ML applied on an existing idea be patented? Lets say there is a prior art patent P whose claims C cover the methodology steps S. Now the P did not claim any ML (machine learning) approach in their ...
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Material / Quantity specification

Let's assume we have a patent that describes a textile product containing > 30 % cotton. Would another aka the "same" product infringe this patent if: it would have 70 % cotton it would ...
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Which tools works for patents analytics?

I'm looking for getting some insights though patents analytics to know if my company's products are patentable. I already check some papers about it. I'm just starting so it would be cool to get an ...
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Have Apple patented "back tap" feature for mobile devices?

Have Apple patented "back tap" feature for mobile devices? One of the coolest features of Apple iPhone, iPad is back tap. Users are able to enable and associate "double tap" or &...
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What are the rules for measuring patents obviousness and generalization?

We always try to make our claims scopes as much generic as possible at the same time overtly generalized claims often fall under obviousness. Is there any criteria or specific rules to measure a claim'...
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How much information about my invention can I disclose to a large audience without compromising my ability to patent the invention in the future?

I'm currently working on a new energy generator as part of an independent engineering research project at my university (in the US). I have the idea fine-tuned, and I'm ready to build the prototype. ...
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Do I need permission when using Arduino and other electronics for constructing a new device that I want to patent?

Do I need permission from the manufacturers when using Arduino and other electronics (such as DC/DC voltage converters, LCD screen and other common electronics) for constructing a new device that I ...
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Can you patent in a futuristic idea with great detail

Like a space industry idea for AI are in an immortality idea etc using a pre vision patent and a great detail but not a physical product yet then license it to companies are super AI concepts or idea ...
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Can specialization of a prior art be patented?

Can generalization of a prior art be patented? Let's say a prior art X exists claiming for only system A, B, C. Now I have come across an idea of making the prior art idea applicable for A~Z with some ...
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Who is the inventor in an invention composed of several already existing sub-devices?

Let´s assume that a company has designed and developed several "building blocks", components, elements or devices that when combined and considered in a specific way (and only in that way) ...
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Retrospective patent following manufacture in a different juristiction?

If there is a patent granted only in another juristiction can they retrospectively apply for a patent if you manufacture something similar in a different juristiction? Consider this time-line: party ...
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USA Citing a patent that is european

Thank you for the warm welcome on Patent StackEchange. When citing a patent, because presently, I am writing it myself before a pro-bono student works on it. Does this simply mean you are (claiming) ...
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Can I have a patent for a product inspired by a really famous movie?

so I have this product, and it only exists in this scifi movie, when you think about this product automatically you remember the movie, example: light saber from starwars.(this is not the product) so ...
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Patenting computer software/method that uses public domain aspects

Is it possible to patent or maybe copyright a process of protecting say a file format as a software utility patent, or another type of patent if it uses free domain technology? The main hurdle I am ...
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Can I patent an application of a popular technology?

Can I patent an application of a popular technology? Let's say Blockchain is a very popular technology nowadays and there are hundreds of applications proposed and ongoing in many different domains ...
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What is the purpose of the composition the patent office sends

I try to make my first patent (a machine/construction) in my country. Here is how things are, I thought of an idea I constructed, it is fully operational so I make a request with the data to the ...
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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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Idea vs implementation

I know that this idea is not patentable: "An app that allows people to find their perfect restaurants to eat in." It is too general, too abstract: But what about the implementation to the ...
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What are the absolute minimum theoretical requirements for a provisional patent application?

As far as I know, it is illegal to advertise an invention as "patent pending" unless a patent application has actually been filed. So, theoretically, if a company or individual wanted to ...
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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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PTO search opinion: authoritative?

After several searches across several days, i finally stumbled upon one patent, in Chinese, that resembles what i have invented. The (google translated, i suppose) claim is very broad, the purpose of ...
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How do divisional patent applications work?

Is it possible to file a divisional patent for an embodiment briefly described in a granted (own) patent which does not have a specific claim for that embodiment? Is there a time limit that you can do ...
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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 ...
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Is it possible to have the total freedom to operate for a method patent?

If a method is patented and to conduct this method, you need to build a device that has been patented in the past although not in the exact shape and form nor for the same use, will you be having ...
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Can I patent the same embodiment with one functional difference?

Let's say there is a patent for a gear covered in gasoline where the gasoline is explicitly mentioned to be used for the lubrication of the gear. Can I patent the same gear covered in gasoline ...
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Can alternative embodiments well known to skilled persons but not described in my description be protected by my broad claim?

I missed from the description some alternative embodiments, particularly some different structures/versions/variations. The claim is broad and it is not limited to the embodiments of the description ...
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