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.

68 questions with no upvoted or accepted answers
Filter by
Sorted by
Tagged with
4 votes
2 answers
688 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 ...
user avatar
  • 41
3 votes
0 answers
82 views

'Technical effects' of software patents for eligibility

For patent eligibility of software patents in many countries including EU there is a requirement of 'technical effects' on the hardware device. These 'technical effects' are technological advances or ...
user avatar
  • 83
3 votes
3 answers
252 views

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 ...
user avatar
  • 31
2 votes
0 answers
45 views

Public sales abroad constitute disclosure

One would not be surprised to read from 35 USC 102(a)(1) that novelty is not satisfied when: the claimed invention was patented, described in a printed publication, or in public use, on sale, or ...
user avatar
2 votes
0 answers
47 views

How to evaluate IT contract for patent and invention content

If I want to work for an organization, and agree to something along the lines of: 10. Inventions. Except as otherwise provided in any prior written agreement(s) between the Employee and ACME, ...
user avatar
2 votes
0 answers
74 views

This patent looks to be a spam/troll attempt

In reference to the patent: US20100313926 I'm an electrical engineering major that just graduated with my masters degree. I was looking at zeolite applications and I stumbled onto this patent. After ...
user avatar
  • 21
2 votes
0 answers
30 views

What constitutes prior art in relation to this application?

In reference to the patent: CA2907779A1 I know for a fact that prototypes of the subject of this patent application were marketed to crop growers in California & Texas (as finished product), as ...
user avatar
  • 21
2 votes
0 answers
52 views

Can this patent on fecal transplant be granted?

In reference to the patent: WO 2014/121298 A2 This is a treatment method in human medicine and thus a patent could not be granted - at least here in Sweden. Correct? The effects of bacterial ...
user avatar
  • 21
2 votes
0 answers
80 views

Can this patent be rejected?

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 (...
user avatar
2 votes
0 answers
18 views

Is there a patent for an ostomy pouch

I'm interested in designing clothes with an ostomy pouch in them. But I need to know if the pouch is a patent.
user avatar
  • 21
2 votes
0 answers
34 views

Can I broaden a patent while it is tested to work with specific conditions and environment?

Suppose that I am going to file a patent about defect detection of a specific equipment based on machine vision (even its technology belongs to X company) I implemented the system and it works for ...
user avatar
  • 277
2 votes
0 answers
33 views

Patent expire limit

In reference to the patent: US7841131 Is this a design patent? Wouldn't it be expired as the 14 year limit is up?
user avatar
2 votes
0 answers
16 views

Is traditional plant material improvement sufficiently descriptive to be considered full disclosure

Patent WO2008110876 A1 discloses a method to enhance the oil production capability of tobacco seeds by means of either mutagenising (chemically inducing mutations) or hybridising existing varieties of ...
user avatar
  • 121
2 votes
0 answers
49 views

prior art for US 20150079942

In reference to the patent: US20150079942 I am looking for prior art for US patent application 20150079942. I believe this invention has overly broad claims. According to me invention has not at ...
user avatar
  • 21
2 votes
0 answers
22 views

Is this patent on the process or on the machinery?

In reference to the patent: US8820666
user avatar
  • 21
2 votes
0 answers
23 views

The patent claim one benefit of purification and then try to over reach. Nothing new

In reference to the patent: US20140093916 What is new about it? it is just the same as other protein based affinity purification.
user avatar
2 votes
0 answers
32 views

Not Novel and Obvious

In reference to the patent: WO2014165349A1 How is this patentable? Where is the inventive step? This reminds me of Molecular Pathology vs. Myriad Genetics.
user avatar
  • 31
2 votes
0 answers
38 views

Expiration of patent 5,580,417 as well as technology used in tensioning cap in Figure 5

My first question has to do with patent #5,580,417. I believe this patent is expired, but are there any other patents in force using the same technology? My second question is in regards to the ...
user avatar
2 votes
2 answers
130 views

App idea i need to copyright or patent

What is the process i can take to either patent or copyright an idea for a smartphone app? How can I present my idea to a company like google or apple?
user avatar
1 vote
1 answer
59 views

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 ...
user avatar
  • 111
1 vote
2 answers
112 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?
user avatar
  • 11
1 vote
0 answers
22 views

Does this patent cover up the use of a chuck to screw on to a threaded pipe

In reference to the patent: US8567823 Does the patent block the use of chucks on threaded tubes?, my design uses a rotating wheel to screw the chuck on which is locked at the end
user avatar
1 vote
0 answers
68 views

Patentability due to conflicts between dependent and independent claims

For the patenting of one idea, found an existing granted patent which is slightly similar, though seems to not cover the entire idea. One aspect though is not so clear whether it will be an issue or ...
user avatar
1 vote
0 answers
18 views

Amendments in Claims and complete Specification

I filed a patent from India for National phase. But mistakenly i uploaded a wrong document of claims. As a result i got many flows in First Examination Report regarding my claims. I have applied for ...
user avatar
  • 11
1 vote
0 answers
130 views

Patent has multiple prior art, why is the multiple prior art not preventing the grant of it?

In reference to the patent: US8470388 COUNTRY - Patent Number United States - 8470388 Australia - 2013207081 Austria - EP2801242 China - CN104115561B Czech Republic - EP2801242 EPO - EP2801242 France ...
user avatar
1 vote
2 answers
264 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 ...
user avatar
  • 11
1 vote
0 answers
155 views

Termination of patent right or utility model

I was looking up some prior art that reads, "Termination of patent right or utility model", in the LEGAL EVENT notice on the patent document. what does this mean? why would/could it say this?
user avatar
  • 11
1 vote
0 answers
43 views

Should I Seek a Utility or Design for a Software Heavy Invention?

I am monkeying around with a device that its uniqueness is a combination of hardware and software, but the software is the predominant feature. The 'old' device is a hardware item that connects with ...
user avatar
  • 11
1 vote
0 answers
106 views

how many times this patent has been cited until now?

In reference to the patent: US2708656
user avatar
1 vote
0 answers
52 views

Reviving a product, with a patent, that has not be produced in over 40 years?

How could one revive a product with a patent that has not been created in over 40 years? The company that has the patent does not and has not made the product in over 40 years, and I would like to ...
user avatar
1 vote
0 answers
61 views

If I work for a company and present an Idea and they reject it, can I go on my own and patent that idea?

I had an idea for a product a couple years ago and I worked on the product at home then I presented it to my employer. They were not really interested, I have now made some modifications and have a ...
user avatar
  • 11
1 vote
0 answers
43 views

Patentability of language improvement

Is it possible to patent an improvement of a Programming language ( new method to write it) in order to sell the improvement to Microsoft or others. Thanks.
user avatar
1 vote
0 answers
83 views

Website Workflow and Service Patents

I am in the process of creating a website, that provides a service that is more generic than another "similar" website. The website only provides a service for a particular service, where my website ...
user avatar
1 vote
2 answers
469 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?
user avatar
  • 203
1 vote
0 answers
49 views

On an informal type of patent

What if there was an Informal Patent that has a standard fee and no need for a patent Lawyer or a prototype. If a person pays the fee it get's registered no matter how nutty it is.
user avatar
1 vote
0 answers
193 views

Does anyone know the patent number for First Response™ Gold™ Digital Pregnancy Test by Church &Dwight?

First Response was reformulated to include a new antibody to hCG beta-core fragment in a digital pregnancy test. Does anyone know whether Church & Dwight have filed patents on this new test?
user avatar
  • 133
1 vote
0 answers
144 views

How to get a patent invalidated?

Recently while I was writing up a patent, I discovered that another person has written a patent that is so badly and vaguely worded that it could be used to cover my invention. Whereas I offer clear ...
user avatar
  • 11
1 vote
0 answers
36 views

US8618969: Missing a key reference

S. Balasubramanian et al., "Systematic analysis of interleaved digital-to-analog converters", Circuits and Systems II: Express Briefs, IEEE, 2011. Much of the claims overlap with the content of this ...
user avatar
1 vote
0 answers
53 views

Idea of Suggesting Application by time

I have this idea in a very vague form which I have not seen implemented yet but maybe someone can tell me if it is out there already or not. It might not be worth a patent as its just an addition but ...
user avatar
1 vote
0 answers
50 views

Required specifications of "new design"s

I am really confused about this patenting procedure. specially I want to know besides the requirement that the "new idea" have to be original, what specifications do the "new idea"s and specifically "...
user avatar
0 votes
0 answers
5 views

'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.
user avatar
0 votes
1 answer
12 views

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....
user avatar
0 votes
0 answers
12 views

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?
user avatar
0 votes
0 answers
32 views

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 ...
user avatar
  • 103
0 votes
0 answers
18 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.
user avatar
0 votes
1 answer
88 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 ...
user avatar
  • 1
0 votes
1 answer
51 views

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 ...
user avatar
0 votes
1 answer
104 views

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....
user avatar
0 votes
1 answer
72 views

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 ...
user avatar
0 votes
1 answer
118 views

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.
user avatar
  • 101