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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2answers
58 views

How can you patent a known process that is used in a unique way?

I was reading about a known retail process that was interesting. However, there are industries I feel it could be uniquely applied to and solve multiple problems. I googled application of other ...
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Which patent is right?

I am developing a cosmetics line and have come up with a unique packaging design. It's not just the look, the package actually opens in a different way. Would I need a design patent or utility patent.
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what happens if chinese person filed a patent of a machine which is already patented in USA by an other person?

If the machine is already patented 3 years ago in the USA and if Chinese person patent the exact same machine in china, what happens? what will be the limitations to the Chinese person? And ...
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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
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2answers
84 views

Do Patents cover the idea or the specific build?

In a nutshell, I designed a water pump and I want to get a patent for that. I found that other patents have similarities of about 80% as my design. The main differences of my design is angle of blades ...
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1answer
24 views

Would a virtual “difference engine” (i.e. computer) be patent eligible?

The invention is a difference engine, a new type of computer that produces a very specific output. The rules governing the difference engine are entirely novel, as is the output. But the ...
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1answer
28 views

Who is the inventor of this patent? [duplicate]

In reference to the patent: US20060218693 I would like to inquire who owns this patent and if they are selling it ?
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1answer
22 views

New use of current medication for treatment of gastric ulceration

I am Egyptian pharmacist studying for master degree in pharmacology, I have discovered new use of a current medication for treatment of gastric ulceration through my experiments on rats. What are the ...
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1answer
60 views

Is the balancing patent for wheelchairs from DEKA righteous?

During a market research, I found the patent EP1512055B1 from 2002. It protects a control-based balancing strategy for wheelchairs in a quite general way. However I know also about the published paper ...
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1answer
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Are gene mutations patentable for diagnostics as in LQTS

In reference to the patent: US20150307941
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1answer
59 views

Is this patent on electrodes a troll and how to get it invalidated after 6-month window has passed?

In reference to the patent application: US20140088397. There are multiple versions of the same thing I don't know which is which: US20150289775, WO2014047032. A friend of mine is a researcher in ...
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1answer
58 views

Does my invention infringe on this hardware/software system?

So say there exists a patent for a hammer simulator, it consists of a piece of hardware: a specific hammer's (modified) handle connected to sensor base that detects any movement and translates that ...
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1answer
102 views

Is the Chase-Lev Deque patent (US20070143326A1) still valid after Alice?

US20070143326A1 - Dynamic Circular Work-Stealing Deque concerns a method of scheduling work on multiple threads by means of work stealing using a resizable buffer. Since it was filed by David Chase ...
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Is this patent US 6,910,697 still valid and in force

In reference to the patent: US6910697. Is the patent US 6,910,697 B2 still valid and in force? Also I noticed it was first submitted in 2000 and approved in 2005. This is 2017. And I have thought of ...
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3answers
153 views

Why is ease or difficulty of implementation, in general, NOT relevant to patentablity?

Question from How can someone get a patent on a system of off-the-shelf components such as this patent utilizes Hypothetical Example If I were to take a toothbrush, which is normally used for ...
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1answer
59 views

Heated Snow Shovel Patent

In reference to the patent: US4034489 Is this patent abandoned?
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0answers
53 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 ...
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4answers
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Someone stole my computer program and said he will patent it. How can I check if patent exists?

First off sorry if this isn't the right place, I am new here. I took a job creating a computer program for a client. No formal contract was signed, though he did agree to pay me a flat rate. I gave ...
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2answers
281 views

Can I patent a calculation method or application, that uses previously undefined variables?

I work in an industry where a large portion of the manufacturing process is "black box" - you don't get instant production feedback from the equipment. You literally take notes on the product that you ...
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1answer
596 views

If a patent expire can someone else repatent it?

I came up with an idea to solve a major problem but Theres was already a patent out. But it was patented back in the 40s and have since expired. But i see similar patents which are newer. I am not to ...
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2answers
106 views

Under what circumstances can an invention comprised of available components be patented?

I have invented something that achieves an important new performance metric that overcomes an existing video communications issue and will have large commercial value. My invention is comprised of ...
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1answer
401 views

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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2answers
47 views

If i explain my idea to raise fund will that void my patentability?

Lets say i go to a crowed funding site to rasie money to help with research and development. Will that void my future patent rights? I dont go into detail about jow it work just tell them my my what ...
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1answer
61 views

Improvement on an already patented idea

Is there a process to use an already patented idea that I can use along with my idea? Also if not, how can I protect my idea if I approach the original company to pitch it.....What can I do to protect ...
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1answer
35 views

Raked wingtips are not new… What can be legitimately patented?

In reference to the patent: US6089502 , Boeing's patent on the Raked Wingtip I'm struggling to understand how this patent is legal. When I went through the process of getting my patent, I was ...
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3answers
107 views

JP Morgan patents “basic app communication”

Headline: JP Morgan Chase just got a patent on basic app communications The article alleges that A simple Google search would have found oodles of prior art. I'm sure JP Morgan should pursue any ...
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1answer
46 views

Can I patent in spite of this existing patent with very broad description?

I want to patent my product which does something based on your proximity to it, using your smartphone's GPS. I'm searching for existing patents, and I found this one which is about an LED light, ...
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1answer
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Utility patent and Pct/ two products/ another continent

Like 2 years ago a develop a product in Africa and made a prototype that end up working amazing. So i search any product in Africa and there is none, but in USA there are two. One with Utility ...
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1answer
30 views

How is an electric motor conversion kit patent eligible?

In reference to the patent: US9102221 It reads like this is just a bunch of off the rack parts and a little fabrication of brackets
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0answers
17 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 ...
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1answer
23 views

Is this patent not in contention with patent number US5531366?

In reference to the patent: USD779828 I would like to know how this patent differs from previous trolley bag patents. See below Patent dating back to 1996. https://patents.google.com/patent/...
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0answers
39 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 ...
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0answers
118 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 ...
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2answers
174 views

Is this a design or a utility patent?

In reference to the patent: US7878930
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1answer
90 views

I designed a product 10 yrs. ago and have been selling it, can a person who is copying it patent it?

I designed a product over 10 years ago, never got it patented, a machine shop is making and selling it. They have not made any design or usage changes. Can they get a patent on it? Can I get a ...
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2answers
69 views

How to determine eligibility for software patents?

I see a lot of questions on software patents, but very few questions about eligibility, post-Alice. What is the current thinking, particularly in the wake of Enfish and Bascomb?
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2answers
34 views

Can we get a patent for set of mathematical instructions of similar types

Can we get the patent on set of equation discoveries between the properties of a set of numbers that can be applied for any two numbers of that set.. for e.g. multi relational equations between two ...
2
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2answers
211 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 ...
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0answers
149 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?
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2answers
167 views

If I produce a open source algorithm, can a company register a patent with my idea and sued me?

If I produce an open source product with an idea, lets say; an algorithm or protocol that nobody did before, can a company register a patent with my idea and sue me?
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2answers
83 views

Use of Patent outside the USA

In reference to the patent: US5727352 Is there penalties for a business using the ideas presented in this patent, in a country outside of the USA?
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1answer
505 views

Validity of patent on Merkle Trees

(I originally posted this on law.SE and was directed here.) Patent US4309569, published in 1982 and expiring 20 years later, describes an algorithm for creating hash trees (known as Merkle trees, ...
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1answer
56 views

Can I patent a process in US being from another country?

sorry if this question is too stupid or something, but couldn't find the answer anywhere. Basically, there are 2 (conditional) questions in one: 1. can I file to patent a process in US? 2. if so: ...
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1answer
110 views

Can you sell an item that already has a patent but your product differs in the ability to be customized?

I'm interested in selling a product for which there is currently a patent granted for the recipe on. I'd like to be able to offer customized features of this product - such as natural color dyes and ...
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1answer
348 views

How to overcome 101 rejection uspto

This concerns application No 14/378346 (USPTO) https://portal.uspto.gov/pair/PublicPair (dossier). It is facing 101 rejection . Can any one please point out what probably I had missed to make it ...
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1answer
37 views

Is a novel way of applying a pharmaceutical patentable?

I was just asked if a novel way of applying a known pharmaceutical would be patentable - and I had to admit, I don't know. As an example, ASS (aspirin) is a known pharmaceutical. The known way of ...
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1answer
691 views

Can two different people own a patent in different countries?

Lets say two people work on an idea or product. Then they decide to go their separate ways since they are both moving to different countries, but agree to patent the invention in the respective ...
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2answers
119 views

How are patents managed internationally?

I have recently read about patents and am in a confusion on how these patents are handled internationally? Which is the foremost authority on patents? And at last how much time on an average does it ...

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