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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111 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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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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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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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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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
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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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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
128 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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179 views

Is this a design or a utility patent?

In reference to the patent: US7878930
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1answer
91 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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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 ...
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2answers
238 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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152 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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177 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
84 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
559 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
58 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
133 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
353 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
39 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
700 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
121 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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1answer
55 views

Is a galley / kitchen layout for a small space patentable

A small space is like a camper, conversion van, or boat. Galley in this question is limited to sink, burner (hobb), and food preparation. Something like this: Cannot disclose the specific design ...
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1answer
147 views

What concrete lessons should software patent applicants learn from Alice vs CLS Bank?

Alice vs CLS Bank decided that implementing an abstract idea on a generic computer is not patentable. Most experts seem to believe that SCOTUS's decision invalidated some, but not all software ...
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1answer
95 views

Design and Utility Patent for Same Invention, Ex Parte Quayle

Dear Patents Exchange! I have filed design patents and utility patent for my invention. The utility patent is still under examiner and I have received an Ex Parte Quayle decision on the design ...
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1answer
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Patent of prototype

Our team is working on a prototype of C3P0 from the famous series STAR WARS. The features added in our prototype are quite different from the one shown in the movies. Will we be able to file a patent ...
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1answer
136 views

How does this patent work?

In reference to the patent: US8807568 I would like to know how this patent works. Is it only a utility patent for a certain part of the game or is the patent broader, i.e the whole game is patented? ...
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1answer
37 views

Patent Still Active?

In reference to the patent: US20090293169 So this is provisional every become a full patent? If so is it still active?
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1k views

Patenting for Arduino based invention

I created a gadget using Arduino. I used libraries which are under GPL licence. I want to know about is, can I get a patent for my invention? Can I use this gadget for a commercial purpose?
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Project weelchair vertic university

In reference to the patent: US20050088024 good afternoon, I am a student of the master course integrated in mechanical engineering at the University of Minho and I am completing my final project, ...
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1answer
20 views

1917 Patent US1239172 A

I just found this patent from Sept. 4, 1917 that my Great Grandfather designed and filed for patent in 1916. How would I find out if it was bought, used, etc.?
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1answer
67 views

Im looking to patent a board game

In reference to the patent: US7255348 I am also looking to patent a board game with an 8 sided board, but the game is seemingly of no similarity to mine, would the 8 sided board be an issue for me ...
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1answer
202 views

If someone else invents and patents a design 5 years after you've been selling the same design

can they make you stop selling your own invention? Can they make you pay them licensing fees for something you designed way before they did? I designed a unique baby outfit in 2008 and started selling ...
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1answer
68 views

Patenting a new use for a known product

Can I re-patent corrugated garden edging if it were to be used for another purpose? For example, instead of being used for garden or lawn edging, it could be for use to redirect rain or storm water ...
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1answer
50 views

How can I protect my idea outside the US?

I have an idea on my mind related to a feature on a mobile that can help someone in their life. I am outside of the USA. How can I protect my idea and where can I register it so later no mobile ...
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1answer
71 views

Can a contract override a previous patent?

Forgive me if this question makes no sense or seems trivial; my profession is in molecular biology, so I am here from the Biology Stack Exchange and know very little about patents. I am wondering ...
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1answer
41 views

Claiming of all patentable material in patent

My patent may have several types of new inventions within it. If I get a patent on my one invention do I have some type of patent rights over those other novel features in the invention or do I ...
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2answers
637 views

Combining two claims for two inventions in one patent

I was informed by the patent agent that I work with that I can combine two related inventions in one patent if they function together and use similar features. He said that by combining the two I ...
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1answer
44 views

Software invention with multiple aspects and method

In a software invention, if you describe two or more aspects of the invention. Are those aspects referred to as methods or they are defined as the method of the invention which cannot be divided. ...
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1answer
442 views

Two aspects of the same invention and one aspect is not unique

Ok, so suppose I have an iOS patentable application. The app consists of two components let us name them Com1 and Com2. Com1 is simply a normal means of input that takes input from the user of the app ...
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2answers
93 views

Software invention with two components

So, assume I have an iOS application with two components. Let us call those C1 and C2. C1 takes input from the user and does some calculations then stores it for C2 to do more calculations and display ...
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1answer
65 views

validity of patent and regions covered

In reference to the patent: WO2002019867A1 Is this patent still valid and if so when does it expire? Does it cover U.S.?
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1answer
49 views

Protecting intellectual property in the EU

I’m doing an intership in pharmaceutical company. I have made a Linux shell script which uses some open source tools to turn a some time-consuming copy and paste work into a couple of seconds of ...
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2answers
45 views

Can i publish a paper on a concept for which I filed a patent recently and got the application number

I have recently filed an Indian patent and got my application number.. Is it ok for me to publish a research on the same now, by mentioning application number in my publication?
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3answers
125 views

To patent a technology on a smart device and a yet to be made apparatus

I am reading on some patents and I want to make sure I understand them right. Let us follow my example which is a custom vibrator. I have no plans on making a patent over it, I am just using it as an ...
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1answer
97 views

Prior existing technology patented

In reference to the patent: EP3118774A1 I am working in the same field, and it seems to me that this patent is similar to a technology already existing since 2001. developed by HP: http://www.hpl.hp....
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915 views

Repatenting someone else's dropped provisionals

My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions? And how ...

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