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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Application rejected at examination stage - How to proceed best?

Some months ago I filed an application for a national patent (in an EU country). The examiner pointed out several amendments to be made, which I did after I discussed with him twice. Eventually the ...
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Is software developed in UK is patentable in US?

I work for a company in UK. This company is a branch of an american company. We have developed a software that resolves technical problems in an innovative way for the processing payments industry. I ...
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When can an examiner dismiss two independent claims if just one is allowable?

If a patent examiner tries to force a restriction on 1 of 2 independent claims, and the applicant elects to tie them together as obviously connected, is it legal for the examiner to dismiss both if he ...
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Open source software was used in an invention. What should one keep in mind while patenting it?

I have developed a fault tolerant control method which I am trying to get patented. I have used scipy and numpy in the simulations which serves as a proof of concept. Would the fact that I've used ...
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Multi dependent claims (Uses and Advantages)

What is the significance of multi dependent claims in infringement analysis? What are the advantages in claiming multi dependent claims over normal claims?
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1 answer
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How to counter a pending application

Following a question that appeared here before, What are the ways to fight\counter a pending application? I know you can file a third party preissuance, but what if it is past the date of eligible ...
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2 votes
2 answers
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Prior art time relevance when filling continuing application

I was wondering whats considered a prior art when dealing with a continuing application? From reading online, once a continuing application is approved, it receives the allowance date of the original ...
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EPO Continuation Application

Similar to CON and CIP application in US, is it allowed to file a continuation application with new subject matter in EPO ?
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Third party preissuance for a rejected application

I have come across a patent that was granted 9 months + 10 days ago, the patent is very obvious but it was somewhat restricted in its implementation. I have now seen that the inventor filed another ...
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infringing on a patented "tangible" algorithm?

I have 2 questions regarding algorithm "tangibility". Let me give an example. Suppose I had this great algorithm for music processing, and at the heart of the algorithm is this special set of ...
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Claim Interpretation 35 USC 112

Is it possible to use Claim interpretation under 112 sixth paragraph (35 USC 112 (f)) only for patent invalidation without using 112 second paragraph (35 USC 112 (b))?
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2 answers
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Patentability of a specific method of web content filtering

My friend is the creator and vendor of a web content filtering software. His clients are ISPs who then offer this service to their customers. Recently his clients received a very threatening "...
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1 answer
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where can i fetch the PDF for the reference AU2018900444A0

Since the reference AU2018900444A0 is published and assigned to Resmed, where can i fetch the PDF for the said reference. Your help will be appreciated.
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4 votes
1 answer
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Can a business idea be patented (in India)?

I have a business idea which will take a year atleast to implement it. Just want to ask if a business idea is patentable or not (In India)?
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3 answers
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Patent Claim Interpretation

In patent claims why the clause 'based on' is considered to have a broader scope as compared to the other clauses (e.g. using, depending, etc.).
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3 answers
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How precise does a patent have to be when it is describing the usage of a neural network?

While preparing a presentation about metadata, I stumbled upon the following patent: Automatic extraction of metadata using a neural network. I have no experience with patents, but the strategies for ...
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1 answer
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Can the same patent be extended to a new country without one of the original co-author

Back in 2017 I signed a patent contract with the company in which I used to work as one of the co-authors of an invention that was going to be patented in Europe. In this contract I was forced (...
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Legality of filing before there is an agreement?

An acquaintance is in the following situation… Bob is a PhD student. His advisor would like him to patent his work in the medical field. Bob writes patent application. Advisor adds another ...
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1 vote
2 answers
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Could i Patent something in the USA, not being USA citizen?

I want to Patent something in the USA,but i'm from Argentina. Could i Patent something in the USA if i'm not from the USA? Could it be done Online sending digital documents?
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Invention Protection for a Device With Two Different Mechanisms

If there is a device -I know that it have never been existed before- that can be implemented by two different mechanisms, lets say one rotary and the other is a linear movement mechanism. And they are ...
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2 votes
2 answers
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Can a protocol for detection of acupuncture meridian blockage be patented?

I have developed an easy to use way to detecting blockages in the Chinese acupuncture meridian systems. Can this set of protocols be patented? If so, how do I go about doing it. Your comments and ...
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2 answers
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can I patent a patented invention in other countries before in The US now

I want to patent a patented invention in Korea dated on 2006 in US with my own name. Is It possible or not?
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2 votes
2 answers
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Where is the line between hardware and software?

Lets say that someone creates an mobile app (Android/IOS) that is identical in function to a TI-85 calculator... in fact it is a perfect representation of it and identical in function and appearance ...
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1 vote
2 answers
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Is it necessary to define the expected usage scenario for a patent?

Let's say PERSON A has a patent idea for a new type of golf club... and in their patent application, they say the reason for the invention is that golfers need a better tool to do x,y, and z to help ...
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1 answer
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What patent attorney did james dyson use on his bagless vaccum patent?

What patent attorney did James Dyson use on his bagless vacuum patent?
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3 answers
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Can a specific idea for art be protected or patented?

Can a specific idea for art be protected or patented? Example: I draw a funny cartoon of an employee falling asleep at a staff meeting. Then I add a phrase making the art even funnier (at least for ...
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Patenting/protecting the design of a mechanism within an assembly

Let's say I designed a machine that can fold any type of clothing and hypothetically, this mechanical solution does not exist anywhere else. If that same mechanism was also applicable in say the ...
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File one patent or many patents?

If my invention has several innovative features, is it best to file separate patents for each feature, or for the device as a whole, or both?
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2 votes
1 answer
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New or Different Use Patent

I invented a cosmetic tool to be used for the hands and filed a provisional patent. However, I missed the 12-month deadline to convert the patent pending to a non-provisional patent. Can I reapply for ...
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Patent on work done in another Company

I have done something in a company, which has not been patented. Can I file a patent for the idea in another company?
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1 vote
1 answer
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Is coding knowledge required to file a patent for an app?

I have an idea in my head and I know how it will work. I can write about it in detail along with diagrams. But the problem is I don't know how to code. Can I file a patent for it with this much detail ...
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-1 votes
2 answers
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I want to know the status of this patent EP2676544A1

EP2676544A1 Trying to find out what the status is of this patent
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1 answer
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How Could This Patent Possibly be Granted in the Face of Public Domain Prior Art?

In reference to the patent: US9247339 This patent appears to have been granted without proper due-diligence having been undertaken to review the prior art. For well over 50 years now every ...
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1 answer
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Patent for detect relation between html elements

I'm a programmer, and got a warning letter for patent infringement from a competitor's product company. My product is an Internet filter, and the relevant part - probably - is censoring negative ...
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2 answers
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Design Around Existing

I have been designing a device and acompanying software and recently found an extremely broad utility patent that has a claim that is very similar and covers the some of the general functionality of ...
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Can I patent and create an existing service with a different name, in a different state?

If I wanna patent my idea.. but there currently already have an app of it in a different state for which it's present, could I use and patent my idea that's similar to the existing one without getting ...
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1 vote
1 answer
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Can someone patent an invention post-hoc

If an invention has already reached market, can the technology be patented by the inventor(s)? Is there a threshold of time post-hoc or just not possible?
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2 votes
1 answer
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Product similiar to Abandened Patent

Our original product in 2014 had patent pending, however, for various reasons we had to abandon the patent/product. We have now invented a similiar product with various differences and we have renamed ...
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4 votes
2 answers
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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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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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2 votes
2 answers
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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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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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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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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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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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1 vote
1 answer
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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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0 votes
1 answer
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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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-1 votes
1 answer
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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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1 vote
1 answer
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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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-1 votes
1 answer
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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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