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
110 views

What's obvious when there really is no good prior art?

The USPTO grants about 300,000 patents per year. Maybe half of these patents would not hold up in court simply because of "missed prior art" (i.e., prior art similar or identical to the invention but ...
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2answers
169 views

Overly broad claim

In reference to the patent: WO2017193026A1 I see that claim number 1 is too broad: A waterjet system, comprising: a pump configured to pump fluid at a pressure between 2000psi and 8000psi; My point ...
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1answer
81 views

To which degree can an earlier but inoperable invention still be seen as prior art?

This question branched off an earlier question. The earlier question was about the strength of a patent/patent application if the inventors later publicly doubt operability because data that was meant ...
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1answer
89 views

What does it mean when a patent has a status of “grant”?

US 5333765 shows a status of "grant" on Google. However, in the PAIR database, the status "Abandoned -- Failure to Respond to an Office Action" is shown for this patent number. Does this mean the ...
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1answer
166 views

How to patent a product when using a freelancer?

I'm looking to hire a freelancer to help develop a product for me. Once the individual provides me the schematics and designs I would like to patent them before I work on creating the app/UI. What ...
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1answer
204 views

New data visualisation - Design or Utility patent

From what I have understood so far, a design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. and a ...
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0answers
33 views

Can someone patent something I invented if sell it but I don't patent it [duplicate]

From my understanding if I manufacture and sell a product publicly before applying for a patent then it can not be patented. If that is the case then does that also prevent anyone else from apply for ...
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1answer
100 views

Are an electronic circuit/schematics patentable there are lawsuits or literature about?

My name is Diego Camilo Peña Ramírez, i'm employee in the patent office in Colombia and we are looking for information about patentability in electronic circuits, more specifically about the ...
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1answer
52 views

Can an improvement be made on a patent and then made in the public domain?

I have design improvement to the rubber glove for restaurants that work with gloves in front of the customer. It will reduce the cost significantly on production and material. Can I make it in the ...
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1answer
58 views

Can I patent an idea for an app?

If i have an idea for an app, can I patent it so that no one else executes the idea first while I am still working on it?
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1answer
46 views

Patenting Liquid Formulas

In Canada I'm told liquid formulas (such as bug sprays) can't be patented. I was told it could only be Trade Secreted. How does that work in the US? Are you able to patent liquid formulas?
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1answer
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Electrical engineering Software developed

I have developed a computer program for power system FACTS And load modelling to analyse the performance of electrical power system. How can i patent it india.
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1answer
47 views

Second use claims

What is the right format of a second use claim? Is it the same as the swiss style format? The patent office in my country does not accept the swiss style claims that I submitted, then I am supposed to ...
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Can a pharmaceutical firm patent a cure I disclosed to them publicly?

I have a cure for Bipolar Disorder. I haven't patented it yet. However, I started sending emails with the idea to Universities before (a record exists in my email inbox). Then I have been sending my ...
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1answer
24 views

Handmade Product In UK

If a product is handmade in the UK, not sold in the united states, does not have a patent, can that product ne created and patented in the states?
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1answer
90 views

is this patent original?

In reference to the patent: WO2016183695A1 Hi. I am writing a report about pearls sooo the patent in reference claims a surgical procedure to culture abalone pearls in Chile. Yet I found this paper ...
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2answers
34 views

Is BabyDoppler.com infringing on this Patent? And can I make a small fetal doppler?

In reference to the patent: WO2011137930A1
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1answer
15 views

How to Patent Artwork Plus Captioning

I have an idea for a T-shirt design. It involves artwork plus captioning. Do I have to patent the artwork and the captioning separately? How does one afford such patents?
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1answer
110 views

What practical requirements are there for unity of an invention with multiple independent claims?

(This question is closely related to Can I broaden the scope of a claim w.r.t. prior art through the use of "other than"?, in which I ask about patentability in case I have to compress all ...
5
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1answer
69 views

Can I broaden the scope of a claim w.r.t. prior art through the use of “other than”?

(This question is closely related to What practical requirements are there for unity of an invention with multiple independent claims?, in which I ask for details about the "unity" of an invention ...
5
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1answer
149 views

What are the best post-Alice strategies for drafting claims in software patent applications?

As I understand, the Alice decision set up a two-step rule for determining patent eligibility. Subsequent rulings in the U.S. (like McRO, Inc. v. Activision Publishing, McRO v. Bandai Namco Games ...
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2answers
192 views

Understanding how patents work

I read something earlier that discussed a scenario something might be created under. Here is what I am trying to understand. If I created lets say a "vacuum cleaner" and rather than opening on the ...
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2answers
934 views

Do the weights of a neural network get any kind of IP protection?

The real 'knowledge' or the learning that makes a neural network give results is the values behind of the edge weights which are literal expressions (numbers) as seen below. The neural network is ...
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1answer
340 views

Can a company apply for a patent after they release the product?

I know that prior art deems that a patent application should be denied. However, what is the specific chain of events for a company that wants to release a product asap. Can they release product at ...
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2answers
66 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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3answers
48 views

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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1answer
45 views

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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0answers
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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
86 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
25 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
29 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
61 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
15 views

Are gene mutations patentable for diagnostics as in LQTS

In reference to the patent: US20150307941
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1answer
63 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
61 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
117 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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2answers
88 views

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
165 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
69 views

Heated Snow Shovel Patent

In reference to the patent: US4034489 Is this patent abandoned?
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0answers
60 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
127 views

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
352 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
701 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
108 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
410 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
50 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
64 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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