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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Withdrawal of Notice of Allowance

After receiving an NOA and paying the fee, I was anticipating an issue notification within days. Two days after paying the fee, I instead received a Notice of Withdrawal of Allowance. recorks ...
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Is it possible to patent something that was disclosed in a priority application?

I disclosed a feature in a priority application 2 years ago but it was not included in my finally pursued application. Now the priority and the pursued application have been published. Is it possible ...
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Basic Shaped Products Design Patents

I am looking into filing for a design patent, and have been consulting with a patent lawyer. The product I would like to patent is somewhat of a combination of a few basic shapes that I fear have a ...
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Understanding the claims in this machine learning patent application

I was looking at an American machine learning patent application the other day, and it detailed many specific parts. It goes through how they label the data to solve their problem, and how they train ...
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Home Design Patent

I am working on a home design patent with interlocking pieces, searched US patents and nothing came up not even similar; zero results, I was on Alibaba today looking around for an Amazon business and ...
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How can US20200206098A1 be patent-worthy when FR3037791B1 discusses the same things?

How can US20200206098A1 be patent-worthy when FR3037791B1 discusses the same things?
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How much can you change a PPA when converting into a Non-Provisional such that you will be able to keep the PPA date? [duplicate]

Concerned with PPA “converting” to Non-Provisional I am in the process of drafting up a software Provisional Patent Application. I have an issue in that there are parts of the system that require ...
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I'm looking to patent a new SaaS Education System. Processes and structure are very different from the traditional system

I am aware that I cannot disclose key information about the system/business model but I would only need to know if there is record of previous education systems being patented. It isn't just a ...
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Do you contact a lawyer when writing the description for the patent or you write it by watching other examples?

Is a lawyer needed when writing the description of the script you will give to the patent's office, or you follow other examples, and write it on your own?
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Are schematics essentially needed in a patent?

Is it essential to include drawings/schematics in my patent? Is there any way to convert color images into blue/white drawing somehow?
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How to find if my idea for a machine that I have created, worths patenting it?

My question is very simple, I have an idea, I constructed the machine, it works. Now, the question is does it worth patenting it? I mean, the amount of money in order to patent is not little for me ...
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What extent of prior publication prevents patentability?

After winning a competition, the content of my submission was posted publicly. This involved: General descriptions of features of the product (e.g.allows for remote monitoring through an ai-camera). ...
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Is it possible to file for patents in Australia within 1 year of US patent publication?

Like the US, Australia has a 1 year period after public disclosure during which we can still obtain a patent. I have filed in the US, and the patent was published at the 18 month mark. There were no ...
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Using an expired patent as part of a new patent

I have an idea for a product which has not been patented and is rather unique. However, my design would include a hook and loop fastener. Since Velcro's patent on this has expired, am I allowed to use ...
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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.
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Would I be infringing on a patent with a accessory for the patented design?

I have created a fooseball table (table soccer) accessory / design improvement depending on the aspect of which I can legally pursue also variation of product installation or the incorporation of the ...
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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 ...
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Can I file a patent in the following scenario?

Suppose that there is a product whoes patent has been approved and some other individual has made a product that works on the same principle(like gravitational force) but has a different product ...
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US design patent how long do I have to file a Utility Patent? OR design patent in the EU? Thanks

I filed a US design patent, how long do I have to file a Utility Patent in the US? How long do I have to file a design patent in the EU? If I am already selling the product can I file a EU patent?
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Factors influencing patentability

• How unique or vague can the intellectual property to be patented be? • Is it possible to patent improved versions of pre-existing patents that aren't necessarily owned by the patentee? If yes, are ...
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Are patents WO2015191648A1 and US20190365145A1 valid? Another older patent covers claims 1 - 4. What to do in such a case?

I'm not sure if these patents (WO2015191648A1 and US20190365145A1) are valid. Maybe someone can help me regarding following questions: According to WO2015191648A1, under legal events there is stated: ...
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Can I sell in Europe a product patented in the United States?

Here I have a product that was patented by my competitor only in the United States. I had the idea of launching it in Europe. Based on some research, I was able to find out that I don't have the right ...
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Commercializing a published research paper without the permission of author?

Is is possible for any to commercialize my published research paper once it is published in a renowned journal, I haven't applied for the patent? I know that once you are published, the knowledge ...
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2 answers
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How can this be patented?

"Genetically Modified Cannabis Sativa Plants And Modified Cannabinoid Compounds For Treatment Of Substance Addiction And Other Disorders" This is absurdly general. It would be the same like patenting ...
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Non-novel/non-inventive patent of subcomponent of device that was already previously patented?

I have been following a (U.S.) patent for a particular type of technology. The patent application for this technology specifies that it was published in 2017, with a related patent by the same ...
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Guides for a newbie patent researcher [duplicate]

I'm a newbie in patent research. I'm presently given a task to find a prior-art on some documents, to be candid, I don't know. Could experts here help suggest A GET STARTED approach? It could be done ...
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We didn't patent a possible innovation before the release. What are the risks?

Last year I joined a project started by a friend. He was working for some years on an electrical device and I helped him in many aspects. Recently, the "project" became a "sellable product". ...
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Applying for a patent that is similar to a granted patent

There is a product I want to create, but noticed there is a patent for it. However the first claim is compromised of 5 components. I am wondering if it's possible to be granted a patent that takes ...
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I have a closed patent due to nonpayment of maintenance fees

I would like to reopen my patent that was closed due to nonpayment of maintenance fees. Should I refile?
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Does a granted patent mean it is scientifically correct or that the US patent office has validated its scientific accuracy?

have an interesting question..Does a granted patent mean it is scientifically correct or that the US patent office has validated its scientific accuracy? I saw a patent GRANTED by USPTO that made no ...
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What would be the best course of action to patent a newly discovered chemical?

Although it may sound unlikely, I believe I discovered a chemical. I am highly inexperienced in chemistry and law and now seeking assistance. If I am correct in my discovery, this chemical has ...
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How can I protect a product idea before seeking help with research and development?

It’s quite natural that inventors have doubt that if I give idea to someone what will happen to my idea?
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1 answer
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Can a patented idea be implemented in a different experimental set up without buying the patent?

This is my first post in 'Ask Patent', so pardon me if the question turned out to be very stupid. I am a PhD student working in nuclear medicine. Recently I had started working on a project. But soon ...
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I want to know if I can patent such algorithm?

My algorithm uses the modified version of existing algorithm (architectural modification) and I have combined it with existing mathematical law. so can a patent restrict others form using such ...
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Can design patent be renewed?

The lifetime of design patent is 14 years (for designs which were filed before May 13, 2015) / 15 years (for designs which were filed on or after May 13, 2015) from the date of grant.
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A question about a patent of Thumbtack

Thumbtack seems to have patented their business model (link to patent is below). Is it possible to patent a general business idea like this? Is it not possible to build a similar business in the US? ...
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Can you patent an idea that has not yet been produced

My team and I (UK based) are working with Graphene-based materials and have recently come up with an idea that we want to patent. However, we have not yet developed this idea into a functioning ...
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1 answer
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Is it normal in US to patent a device which does not exist yet?

In reference to the patent application 20190295733. I might be wrong, but as far as I know a working Plasma Compression Fusion Device wasn't made yet, although it is possible theoretically. However, ...
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Does Apple have patents on basic UIKit classes?

When it comes to UIs, many different UI toolkits exist such as Qt, GTK, Motif, and UIKit. So I would be surprised if it turned out that common features of UIKit which appear on many platforms as well ...
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Continuation Patent

When a continuation patent is approved, will the parent patent still hold the rights to sue others if a product infringe the parent application and not the continuation patent
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How to protect my idea/prototype at little or no cost?

I have an idea for a medical device that has been called "phenomenal" , "solid idea" etc...from medical professional friends of mine. Now I don't want companies in China to copy my idea...! Problem ...
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Can an improvised device made of used packaging be patented?

I'm using a so-called cantenna (antenna made of a used can) as an example. Suppose there's no evidence that anyone has tried a cantenna but antennas of similar design, just made of other materials, ...
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1 vote
1 answer
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Design Patent for existing Utility Patent

Can an existing inventor get a design patent to protect their design if there is already an issued Utility Patent? US Based patent. If so, do you cite the Utility Patent in the Design Patent ...
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What is the best way to add co-inventor item in your CV

I am a co-inventor in a filed patent. I want to properly mark this in my CV. As far as I can understand the concept correctly, first of all, since I am one of number of inventors I am a "co-inventor". ...
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Restriction Requirement

What is the rationale behind writing the term inventions, species, or groups, while raising a restriction requirement. How these three nomenclatures (invention, group, and species) are different and ...
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MPEP and Case Laws

How patent Examiners either memorize or manage themselves while citing all the relevant case laws and sections of MPEP during issuance of an Office Action?
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Can a patentable but not fully developed method be protected?

Is it possible to protect a method which is otherwise patentable but which has so far been developed only in broad lines? In other words it is novel and applicable, but not fully teach-able yet. As ...
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2 votes
4 answers
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How to know if someone infringes your patent?

I want to patent a methodology for computing an important value, which is often reported by companies. My methodology gives a much better estimate of this value. The patent application attornies asked ...
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Do you have to make your discovery public for a patent?

I have developed a website with a friend of mine, and the site is working. But it is not currently not in a form which is presentable to the public, which will take us a little bit longer to do. We ...
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1 vote
1 answer
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Can you patent an DialogFlow Bot?

Dialogflow is a Google-owned developer of human–computer interaction technologies based on natural language conversations. The company is best known for creating the Assistant, a virtual buddy for ...
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