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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1answer
48 views

Applying for a patent after one has lapsed

I am interested in applying for a patent and found a similar one that has lapsed. May I apply for mine as a new one even though it is similar?
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107 views

How does Apple file a patent for a paper shopping bag?

Apple's new "iBag" I picked this up reading some blog. Why... is this even allowed? It's a paper bag with a handle.
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83 views

This patent appears to fail the “obviousness” test

In reference to the patent: US20150308983 It is questionable whether is patent may be patent-able. Apart from the Cointrust app that does an acoustic test for the authenticity of coins, precious ...
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3answers
92 views

is this patent still enforceable?

In reference to the patent: US5991151 is this patent still valid and upheld or has it lapsed?
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1answer
35 views

Costs for patents in Europe for software or online-service

I'm currently not entirely sure if I can get a patent on my "idea" at all, yet I think I might, but if so I wouldn't know at the moment in what kind of group my patent would be considered in. However,...
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1answer
109 views

Can a patent that cannot work be considered prior art?

I spent four years developing a patent-able idea, but there already is a U.S. patent that claims to produce exactly the same result but has a critical flaw that renders it inoperable. Any person ...
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57 views

Can I apply a patent for logos?

I just designed some logos for my own company. I'm wondering if I can apply a patent for those logos, and put copyrights on them? Appreciate it!
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0answers
42 views

How to evaluate IT contract for patent and invention content

If I want to work for an organization, and agree to something along the lines of: 10. Inventions. Except as otherwise provided in any prior written agreement(s) between the Employee and ACME, ...
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1answer
171 views

Explanation if patent is granted or pending

I am not a US citizen and I'm not fit into all these bureaucracy and complex names. How can I know if this patent was granted? Publication number US9117231 B2 Publication type Grant Application ...
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1answer
74 views

this plant and its constituents can not be patented

In reference to the patent: US20110256246 This is a traditional recognised and acknowledged healing plant of the Australian Aboriginals in Tasmania and other parts of Australia, it can NOT therefore ...
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1answer
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can someone patent a machine which uses signal transfer?

if in my patent application machine includes a signal transfer through data cable can someone other can patent same machine that transfer signal through wifi or Bluetooth.
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1answer
93 views

PCT patents , is it Public Domain or up for grabs in my country?

If a PCT patent was filed in lets say "Ukraine" in 2004, but the owner let it never actually got it published as a patent in a national phase(in any country)legally may I file a similar patent in the ...
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1answer
3k views

Video game mechanics patentable?

Can you patent your video game mechanics? Like if Flappy Bird mechanics had been patented by the guys who made the helecopter game (original flappy bird), could the creator of Flappy Bird be sued for ...
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0answers
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This patent looks to be a spam/troll attempt

In reference to the patent: US20100313926 I'm an electrical engineering major that just graduated with my masters degree. I was looking at zeolite applications and I stumbled onto this patent. After ...
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1answer
499 views

Is a music electronic circuit patentable?

In the music industry, there are plenty of guitar effects pedals. Most of them are clones of clones and all of them are available on the market. Nobody enforces any patent and everybody lives happy ...
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1answer
46 views

Electrical Signals vs Electromagnetic Signals

In reference to the patent: US6754472 Does the claim of sending electrical signals from the transmitter also enocmpass electromagnetic signals?
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1answer
59 views

Where to file first? At home or International?

Here is my question/scenario: If I want to file a patent application in my home country (Canada) in this instance and file it before anyone else, does this prevent anyone else from filing a patent ...
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3answers
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Invented something 10 years ago, if I change it a little can I patent it

I invented a, lets just call it a simple circuit board, 10 years ago. I sold about 2000 of these so they are in the public. The way I understand it is if you didn't patent it within the first year ...
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3answers
149 views

How big a priority is it for me to apply for patent of my software algorithm?

How big a priority is it for me to apply for patent of my software algorithm? It’s used in a prototype for an actual product (A), and a proof-of-concept for product (B). (B) has a very interested ...
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1answer
52 views

Should a ridesharing platform be allowed a patent?

In reference to the patent: US20150058051 Knowing companies like Uber, AirBnb, RelayRides are share economy companies, what makes this company any different? If this man get a patent, does that mean ...
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1answer
33 views

How to patent a machine or anything that uses a promising material being tested and developed?

Let's say my patent uses the properties of a material that's not yet developed or that has being developed but it is still being tested. How is it patentable ?
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2answers
2k views

Can a new use for an existing invention be patented in Germany?

Imagine the following scenario: There is an technology which I didn't invent. But I have an idea of how to use this technology, in a special way to improve or extend a different product, which also ...
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1answer
447 views

Who gets credit on a patent?

I'm a student who I developing hardware/software for a product design that is going to be patented (applied). Am I being used? Or should I only do the work to develop the prototype if I get credit on ...
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1answer
42 views

What is the difference between 'Dillon 892 F.2d 1554, (Fed. Cir. 1989)' & 'Dillon, 919 F.2d 688 (Fed. Cir 1990)'

In the book "Invention Analysis and Claiming, a patent lawyer's guide" (second edition) by Ronald Slusky he makes the point that "A claim reading on prior art is unpatentable whether or not the prior ...
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1answer
81 views

Can chess moves be patented?

I've invented a new play in chess that allows me to place my opponent in checkmate after 15 moves. Would I be able to get a patent on this? What are the requirements for patenting something like this?...
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1answer
317 views

What aspects of a board game might be patentable?

I have invented a board game, and I'm investigating the route of patenting some parts of it. Are there any board games that are already patented? What parts or mechanics might be patentable? For ...
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1answer
671 views

Is an electric circuit patentable?

If I make an electric circuit for a specific purpose would it be patentable? The circuit is not complicated, it is simple for a very simple task. Thanks.
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Is it really possible to patent neural networks?

In reference to the patent: US5933819 I think this is not patentable, but does need protection. Without knowing the details, applying a neural network algorithm to a problem is not even an idea, it ...
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2answers
57 views

What is the status of US20120049410?

Has the patent been issued? Has been approved for manufacturing? In reference to the patent: US20120049410
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1answer
48 views

Sweeping claims, patentability

I have an invention let's say a tea pot. I saw a patent with sweeping claims about tea pots. This specific patent is a tea pot that needs a lid to boil and I came up with a tea pot that doesn't need ...
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0answers
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how many times this patent has been cited until now?

In reference to the patent: US2708656
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3answers
423 views

Patenting a game idea in India

I am having an idea related with a game, and I'd like to get it patented. I am a resident from India. If I patent this gaming idea in my country, would it be valid in an international level, so that ...
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1answer
180 views

Does patenting a smartphone app protect you?

If you have an idea for a smartphone app, how does a patent protect you from others writing the same or similar smartphone app? And when does a patent fall short of protecting your idea?
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3answers
1k views

US 6067803 A is this patent valid in India?

I would like to know untill when is this patent is valid? Is this patent applicable to India?
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3answers
150 views

Filing in foreign office before domestic one, will the patent be rejected?

I know that some countries have security concern, and patent must be filed at domestic office to check for security before filing at foreign office. The question is, what if I filed at foreign office ...
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2answers
256 views

Can you patent software that uses opencv (the free part)?

I am building software for my startup that uses some components of the free part of opencv. I think the startup is based on a unique idea, so I would like to protect the process of realizing this idea ...
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2answers
632 views

How does patenting regarding Bluetooth technology work?

First of all, thanks for your time! Bluetooth technology basically uses a short radio to wireless connect two devices. I was wondering if it is possible to patent the use of Bluetooth technology ...
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1answer
72 views

What is the cost of patenting from country x to other countries?

Is it possible to patent across geographical locations, even if I am not physically in all the locations?
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1answer
129 views

How do I know if I infringe a patent?

I am developing a 3D modeling application. How can I know what is considered as part of the sketchup patent? The extrude tool is obviously common to all 3D modeling softwares, that makes me think ...
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1answer
36 views

Patenting an existing product in China

I have contacted a manufacturer in China who produced this item. I have searched on Google patents and there aren't any patent on it. On Amazon nobody is selling this item. Can I patent this item so ...
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1answer
228 views

Can aesthetic features be patented as utility invention?

In order to be patented, an invention need to be useful. Can aesthetic features be considered useful (helps selling the product)? For example, you have a door with a whole new mechanism that when you ...
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1answer
42 views

Exploitation rights vs scientific value

I'm an engineer and I work for an IT company that wants to patent an invention of mine, an electronic device with a certain communication protocol. We consulted a patent lawyer who said that the thing ...
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1answer
57 views

What copyright or patent infringements could I step into by remaking an old game?

There is a very old game from Westwood Studios currently owned by Electronic Arts I'd like to remake, but I don't know if I can turn it into a business due to the related copyrights and possible ...
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1answer
105 views

two provisional application on same invention two different dates

filed a provisional on an idea made of aluminum, weeks later realized i could make this in several different ways if made of plastic as well. Do i file another provisional with all the variation, ...
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205 views

Can I patent my app idea before actually building it?

I completed specification work for a new app. Can I protect my idea or concept of the app before I actually go build the app? Can I get patent on my specification or theory before building the real ...
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2answers
951 views

Filing new patent after leaving the company

I left the company one year ago. However, while working there I developed an Idea which seems patentable. I did not submitted that while working in that company. Now I have moved to other company and ...
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1answer
59 views

I invented the one-man a capella multitrack video format that is very popular now - can I patent it?

I invented and published it back in 2002. There's plenty of proof. I'm wondering 1. if it's a good idea just to keep someone else from patenting my invention, 2. if it's even worth trying (what would ...
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1answer
80 views

How to get a patent on a design that already has a patent

I have and invented design improvement on a product that already has a patent on the product. Can I obtain my own patent for the new design on that product?
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2answers
72 views

combine 2 patents and package as my own?

Company A has a type of dispenser I want to use. Company B makes a product that is not dispensed via Company A's dispenser. I would like it to be. Is there any way for me combine these and make any ...

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