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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How to request use of a patented technology?

What is the best method to request use of a patented technology for use in a specific project? Is it possible to develop a simple agreement for a specific project or is it necessay to enter into a ...
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Why did the patent office allow US20120073952-Method for recycling cutting fluid?

"Method for recycling cutting fluid". US20120073952 The basic idea here is to distill the cutting fluid in a low/free oxygen/nitrogen environment. Settle, vaporize (safely), and condense. This is ...
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Patentability of Textual Analysis on Internet User Texts

It seems there are several companies downloading and analyzing free text generated by users, especially in social media networks. Some have even applied for patents. Is an automated method to read ...
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Using vetiver grass roots for cooling screens

This patent application US20130047644 A1 refers to using Vetiver grass roots for cooling screens. Seems strange to attempt to patent this use as Vetiver roots have been used for this purpose for ...
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5 answers
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Can I release my product without patenting it and if so do I need special terms in my license to users?

The http://creativecommons.org/ offers licenses. Can I use this one for my products? My product is a subscription app that stores a data in the cloud. I can't decide whether to release it publicly. ...
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Does patent us7514593 apply in the UK?

I can't think of a way of making it clearer than above. Would this patent for cystic fibrosis susceptible transgenic mice apply in th UK i.e. prevent a similar patent from being granted in the UK?
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How could something that would have to defy laws of physics in order to do what it claims be patentable?

How can this be patentable (Publication number: US 2009/0188322 A1)? Based on its design it would have to defy laws of physics in order for it to accurately do what it says it will do.
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Does the US Only patent on the four bar linkage (Horst link) suspension affect popular mountain bikes in the US?

The patent for the four bar linkage (perhaps better known as the Horst Link) as a bicycle suspension platform is only applicable in the US and not Canada, Europe, or other countries. How does this ...
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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 "...
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Patentable Subject Matter in US 7396654 as claimed

Any Prometheus v. Mayo issues with this?
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How can something like this be patented?

Ref: Patent ep2404200a2 An atomic magnetometer is a magnetic field sensor. Like any other sensor, it can be used for any number of applications and in any number of industries. How can someone ...
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How is us20120249774 different from structured light?

How us20120249774 is patentable? It just looks like structured light + 6DoF pose estimation. Besides being obvious, this video uploaded on Mar 31, 2011 pre-dates the application. https://en....
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Processing of Gesture-based User Interaction Using Volumetric Zones

I was looking at the new company LeapMotion and did some reading and it occurred to me that it looks like there is a patent from 2012 out there involving this subject - noting that the filers are not ...
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I want to challenge the validity of Patent number: EP1646287B1, do I need to officially hire a lawyer and present it to the tribunal?

The validity of Patent number: EP1646287B1 has been questioned in various research reports. How does one go about challenging the validity of the patent?
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Can I include multiple specific software functionalities of my broad idea in a single provisional patent application?

I have a limited budget and I am looking form a startup based on my idea. My idea is related to mobile (Android, iOS, etc) apps and a supporting website. It is a broad idea which can be implemented ...
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Why was CDARS patentable?

Since spreading large deposits among different banks has always been the only way to keep everything FDIC insured, and since that's been a common money management practice long before CDARS existed, ...
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acronym for the title of an invention. is it wise?

During patent drafting, do you think it is wise to make an acronym for the invention and use that in the description of the invention? I titled my invention with three words and the word “system” at ...
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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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If I apply a published algorithm to different (scientific) field, is it patentable?

My question is simple, if I take a published algorithm and apply it to a different problem than the one described in the publication is this patentable? Since, for obvious reasons, I don’t want to ...
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UK software patent

Article 52 (2) determines what is and is not patentable subject matter within the EU: The following in particular shall not be regarded as inventions within the meaning of paragraph 1: (a) ...
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How could a patent have been issued for a composite knife blade?

Turns out there's a US 2008/0250656 A1 patent for a composite knife blade - a knife blade made of two pieces - one containing the area near cutting edge and the other containing the rest of the blade -...
3 votes
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What is the USPTO attitude toward mouth rinse patents, particularly given many seem to overlap?

I have an idea for a mouth rinse I would like to patent. When performing a quick Google search, I found several patents that seem to have overlapping claims with each other. My patent would likely ...
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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 ...
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How to patent an idea for computer software?

In computer programming, most inventions are mainly ideas, as they can be implemented in thousands ways. Is it possible and how to patent an idea? For example, the badges of Stack Exchange are based ...
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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 ...
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How can someone patent data mining?

This patent us7930197 says data mining of personal data is patented. Looks like patent officers weren't aware of data mining's huge overreach.
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How could a patent have an extremely broad claim?

US patent application 2004/0249303 appears to patent everything… including everything that is 3D and has 'subregions'. How is this patentable? What problem is it solving? Claim 1 is: A method ...
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Can a patent be refiled after 20 years with slight changes and additions?

In the process of seeking a patent on a domino-style game, I found a game with a lot of physical likeness to mine. That game was patented around 1950. Can I still file a patent since that patent has ...
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What is the difference between a provisional and a non-provisional patent application?

The Detailed Description of this patent application begins with the sentence: This is a non-provisional application based upon U.S. provisional patent application Ser. No. 61/451,429, entitled “...
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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 ...
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Can I file a patent after publishing as part of collaborative public content?

I have been considering a wikipedia style system for code (software), and am trying to figure out what the patent implications are. Aside from the risk of accidentally violating someone else's patent (...
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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 ...
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Could I patent a robust communication protocol (aka Morse code)?

If so, how would I do so? And why would patent law allow it?
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Terminal Disclaimer

Does anyone know of a situation in which a terminal disclaimer would not be appropriate in a nonstatutory double patenting rejection where the asserted patent and pending application are co-owned?
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Registering Patent, Can a way of doing things be registered as patent or copyrighted?

I'm working on a method of user authentication. I Googled the whole web, different places like Wikipedia, and some science journals and didn't find the strategy I'm using. Can my strategy be ...
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Will my patent application still be considered if my company goes bankrupt?

My company is bankrupt and we have an outstanding patent application. Will it still be considered and possibly approved?
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How are continuations assessed?

TQP are currently suing more large companies for using RC4 and SSL/TLS, but the way the patent was awarded confuses me. From the Cipherlawgroup article linked to: The application for the ’730 patent ...
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1 answer
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Patentibility of ‘Systems and methods for identifying unauthorized users of an electronic device’

As I was reading US patent 8289130 ‘Systems and methods for identifying unauthorized users of an electronic device’, I was just asking myself questions on how come this is patentable? How does it meet ...
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Is assembly of existing products a 'Manufacture'?

I have an 8x5 binder and have adhered one additional item to it. I've also modified the paper that fits this binder, which fixes an existing issue. The binder provides use for a specific audience. ...
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1 answer
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Can XML/JSON structure formats be patented?

Is it possible to patent or trademark XML/JSON data structures? If Company A had a service that requested common data and Company B chose to use an identical structure for their clients, could Company ...
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12 votes
4 answers
5k views

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 ...
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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 ...
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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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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 votes
4 answers
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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 ...
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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 ...
8 votes
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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 ...
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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 ...
8 votes
3 answers
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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 ...
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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 ...

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