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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6
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3answers
169 views

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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4answers
654 views

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 ...
7
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3answers
487 views

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 ...
8
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2answers
843 views

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 ...
11
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1answer
749 views

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 ...
8
votes
3answers
630 views

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 ...
8
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2answers
649 views

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 ...
84
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6answers
10k views

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 ...
19
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4answers
4k views

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 ....
8
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7answers
2k views

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 ...
1
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4answers
384 views

How patentable are Fine Art products?

Fine Art is heavily dependent upon per-piece uniqueness. However, sometimes a good style / form comes along that excites people. Does this fall under the category of a design patent (on a specific ...
23
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4answers
9k views

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 ...
10
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2answers
913 views

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: ...
29
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8answers
13k views

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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1answer
362 views

General primer on what's patentable in the United States?

I know "it depends..." But what are some general principles on what is patentable and what isn't? I have various ideas, as do we all, some of them good, as do we all, but I don't want to keep running ...
6
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5answers
1k views

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....
6
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4answers
1k views

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 ...
16
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4answers
16k views

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 ...
12
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3answers
1k views

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 ...
16
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1answer
5k views

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 ...
34
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3answers
1k views

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 (...
14
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2answers
2k views

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 ...
18
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2answers
863 views

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 ...
13
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1answer
1k views

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 ...
32
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4answers
2k views

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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