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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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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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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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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2 answers
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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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1 answer
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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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4 votes
1 answer
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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 ...
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4 votes
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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 ...
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4 votes
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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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How is the system described novel in any way? It is simply a proxy registration that has been digitzed.

In reference to the patent: US7130878
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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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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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1 vote
1 answer
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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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2 votes
2 answers
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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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3 answers
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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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1 vote
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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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0 votes
2 answers
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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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2 votes
1 answer
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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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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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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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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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Are gene mutations patentable for diagnostics as in LQTS

In reference to the patent: US20150307941
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1 answer
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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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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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0 votes
1 answer
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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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0 votes
3 answers
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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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1 vote
1 answer
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Heated Snow Shovel Patent

In reference to the patent: US4034489 Is this patent abandoned?
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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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1 vote
4 answers
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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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2 answers
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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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1 vote
1 answer
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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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0 votes
2 answers
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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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6 votes
1 answer
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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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1 vote
2 answers
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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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0 votes
1 answer
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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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1 vote
1 answer
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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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2 votes
3 answers
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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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0 votes
1 answer
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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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0 votes
1 answer
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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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1 answer
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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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-1 votes
1 answer
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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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2 votes
0 answers
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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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1 vote
0 answers
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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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1 vote
2 answers
180 views

Is this a design or a utility patent?

In reference to the patent: US7878930
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3 votes
1 answer
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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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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1 vote
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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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