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.
636
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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
34
votes
3
answers
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What is the window for finding prior art on a patent application?
I know that patents are not part of the public purview until months or years after the patent application is filed. Once these patent applications are made public, for how long can I submit prior art (...
- 443
33
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4
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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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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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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
19
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4
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Are US software patents enforceable in the UK?
The UK Patent Act 1977 clearly states that
It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of ....
- 382
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
17
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1
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Prior art for Apple's Magsafe
Having read through the claims of Magsafe patent #7311526, I am not sure how it differs from previous examples of magnetic power connectors. What exactly is the novelty being claimed in that ...
- 271
16
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4
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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
14
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4
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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 ...
- 245
14
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1
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Can a very basic shape of a product be patented?
There have been recent patent fights (such as Apple v. Samsung) that seem to claim certain basic physical forms of devices, such as a smartphone, can be patented. Aren't there a limited number of ...
- 751
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1
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Was there a landmark controversial software patent of a trivial idea before the "XOR flashing cursor" patent?
Currently the majority of bad press about trivial software patents is all centred around Apple and other smartphone industry players.
A few years ago it was the Amazon "1-click" patent everybody was ...
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12
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4
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Can one patent software if that software uses a library that is Apache License, BSD, or MIT?
I just read that under BSD, Apache, and MIT Licenses, one can use, modify and redistribute source code in a product as long as credit for the open source portion is given back to the the author. That ...
- 315
12
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3
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Are Software Development Methods patentable?
For example, if something like a method of Agile programming practices were singularly developed before they were popularly used, could a company have patented the 'system' including the parts that ...
- 221
11
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1
answer
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Does a public discussion related to a patent invalidate the patent
If I discuss or seek advice from others on portions of a patent on public sites such as SO, does that invalidate the patent?
For example, lets say I have an idea in mind of a software patent which ...
- 340
11
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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
10
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2
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Prior art for new treatment for anxiety disorder
Consider this WIPO: METHODS FOR TREATING SOCIAL DISORDERS and its current 3 entries at national levels:
#US20110027765 -> Reviewer has requested some changes in the claims but it's going forward.
UK: ...
- 101
9
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3
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Can I patent a mobile application or protect the idea
I am about launching a mobile application soonest (in 5 days time) but I am really scared about others using the idea behind the whole system because the few people I have spoken to about investing in ...
- 193
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
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 :) ...
- 315
8
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7
answers
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To what extent is a Java Off-Heap management patent applicable?
I am looking for some details about a Patent Application #20120222005 submitted by Terracotta Inc. around Off-Heap (Direct Memory) data stores. Here are some of its claims:
7. A method of managing ...
8
votes
3
answers
636
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The SPDY protocol is not patented. Could it have been? Is there prior art?
Google's SPDY protocol is a way to reduce web page load time be smart-multiplexing of the content. It has gained a strong opening acceptance among high-traffic organizations.
Despite armchair ...
- 451
8
votes
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
8
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2
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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, ...
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8
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4
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Is it possible to get around broad patents?
This is a concept question for my and hopefully others' benefit.
I have recently developed a working prototype for a medical application. It is based on a principle that was developed in the 1960's ...
- 81
8
votes
2
answers
922
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Practicality of faster than light travel
How was a patent granted for a technology that violates basic physics?
Hyper-light-speed antenna
Patent number: 6025810
Filing date: Oct 2, 1997
Issue date: Feb 15, 2000
From the abstract:
"A method ...
8
votes
3
answers
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
votes
4
answers
636
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What's the best approach to document a claim?
I'm wondering what the best way to match prior art to a claim you feel is invalid. I have found examples applicants use with the USPTO, so I would imagine using that same format to invalidate a claim ...
- 548
7
votes
3
answers
418
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Where can I find best practices or guides for patent/SOTA research?
I work as an engineer (not software) and occasionally I have ideas that might make sense to follow through and maybe arive at some sort of invention. The first step would be, of course, to look up if ...
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2
answers
4k
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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
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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
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2
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1k
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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.
- 171
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5
answers
750
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Patent of specific financial structure
Can I patent a kind of financial structure?
In particular I would like to patent a kind of ETF (exchange traded fund) with certain specific characteristics in terms of the structure. As many of you ...
- 267
7
votes
2
answers
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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 ...
- 71
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6
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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 ...
- 71
7
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1
answer
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Method for exercising a cat?
http://www.google.co.uk/patents/US5443036
Does anyone know the reason why this patent was filed and granted? In what way might this game have qualified as non-obvious and novel to the examiner?
...
- 113
6
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4
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1k
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Can I patent my logic for a pantry management system?
Is it possible to patent my own logic for determining if pantry items have gone bad in a software system for managing items?
I don't expect there to be a god-given algorithm for this logic, but if I ...
- 63
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1
answer
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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 ...
6
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3
answers
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Can someone patent my invention before me?
Five weeks ago, I disclosed my invention to a multi-national corporation (let's call it Company A) without any kind of NDA (they don't accept NDAs) in a conference call and email. I am worried that ...
- 165
6
votes
4
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689
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Patent that references non-existing material
I have a concept for a technology that requires a currently non-existing material. I can describe the properties of this material. Unfortunately, I have not been able to find a good real-life material ...
- 163
6
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2
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Good patent books for startups and inventors?
Does anyone have a suggestion for good books or other resources on patents for startups and inventors? It seems like most things are “do it yourself” guides or texts for attorneys that don’t have the ...
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3
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Does this analyzer server meet the "full, clear, concise" terms of 35 USC 112?
Could you explain me how the 35 USC 112 rule is satisfied by the patent US5946647:
The specification shall contain a written description of the
invention, and of the manner and process of making ...
6
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4
answers
1k
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Can a system for wirelessly charging a mouse battery be patented?
I'm a Engineering student in Canada. Me and a couple of my friends developed a simple inductive system for wirelessly charging a mouse's battery.
The mouse pad has a grid of neodymium magnets built in....
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2
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Is it really possible to patent neural networks?
In reference to the patent: US5933819
I think this is not patentable, but does need protection.
Without knowing the details, applying a neural network algorithm to a problem is not even an idea, it ...
6
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1
answer
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Does my product infringe on claim 1 of EP 2342386 A1?
I am producing a rainwater collection system and am not sure if the current system infringes on Nigel O'driscoll's Rainwater harvesting system (EP 2342386 A1), which is listed as follows:
A ...
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6
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1
answer
433
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How to defend your work from patent vultures?
Many of us put our ideas in github or articles, hoping they will be just used.
However, as I have currently a tough lesson, if your idea turns out successful, you can count on patent vultures trying ...
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1
answer
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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
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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
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1
answer
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Can I build a patented item (US 7,877,268) for personal use?
In reference to the patent: US 7,877,268
I would like to make this item for my grandmother. I would not be offering it to others or selling it for commercial use. Is this legal? What issues should I ...
- 51
5
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1
answer
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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
Related Tags
patent-infringement × 79
patent-applications × 64
software × 56
prior-art × 54
claims × 42
novelty × 28
law × 21
design-patent × 21
non-obviousness × 16
copyright × 15
prior-art-request × 14
patent-services × 12
international × 11
usa × 11
european × 11
patent-lifetime × 10
utility × 10
inventorship × 9
licensing × 9
filing × 8
disclosure × 8
process × 8
opensource × 8
algorithms × 7
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