Questions tagged [prior-art]
For questions relating to the USPTO rules related to prior art or what constitute prior art. For REQUESTS FOR PRIOR ART please use the [prior-art-request] tag.
373
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When is combining prior art to invent something new obvious and when is it not obvious?
I am referencing the case of how PTAB invalidated Molly Metz's patent because they decided that combining one jump rope invention with another jump rope invention is obvious:
https://usinventor.org/...
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1
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7
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What constitute as prior art that an examiner or PTAB petitioner can use against an application?
And more specifically, could something discussed here on stackoverflow be counted as published prior art?
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If I own the patent to A+B+C, and later A+B is granted a patent, can I still manufacture A+B+C
If I manufacture A+B+C, then I would be infringing upon A+B, no?
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2
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If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?
If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?
Why or why not? Or does it depend on circumstances? If so, can you give examples?
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If A+B+C is prior art, and now someone is granted a patent for A+B
Suppose that inventor John holds the current patent and prior art for:
A+B+C
Steve comes along and patents:
A+B
Then a manufacturer begins selling
A+B+C
or
A+B+C+D+etc.
Who is the manufacturer ...
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1
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10
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How would the patent examiner find prior art that is not patented?
Let's suppose that an invention is already being manufactured and sold, but there is never any patent for it.
Now someone files a patent for this invention.
How would the patent examiner be able to ...
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1
answer
21
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If A + B + C is already patented, but A + B is not patented
What if A + B + C is patented but A + B, for some reason, is not?
Then someone comes along and patent A + B.
In such a case, the prior art A + B + C, would actually be infringement on the new art.
How ...
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1
answer
20
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Independent applications and different outcomes
In short, what happens if 2 inventors file an application for the same invention independently, and the first one filing it gets rejected, while the second one gets accepted, in the period between the ...
- 155
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2
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If you are the first to manufacture / produce a product, can you later retroactively file a patent for it?
Scenario 1:
I Started to manufacture and sell a product based on my unpatented invention.
A year later, still I am the only manufacturer of this product.
I then file a patent for it.
Will my patent ...
1
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2
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81
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Why is Art. 54(3) EPC limited to only European patent applications?
Art. 54(3) EPC is limited to European patent applications and PCT applications in their European phase (R.165 EPC, if fees are paid, translations are provided).
Why does he EPO limit the subject of ...
- 327
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2
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178
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Can I patent code that is pushed to Github?
I have invented a new algorithm that I want to patent in Germany/Europe. However, I have kept my code implementing the algorithm in a public GitHub repository. I have not assigned a copyright license ...
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If a company is selling a product from my patent in another country, can I get them to stop by filing patent in the country that the company is sellin
This question is a spinoff of this one:
If I license my patent to a corporation, would that tip them off to try to claim this patent in another country?
From the question above, I learned that if I ...
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1
answer
39
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Does adding an Applicant's other patent as prior art to a nonfinal first office action in response to a claim rejection require a reexamination?
If I add my recently issued patent as an argument or citation for patentability and non-obviousness in support of a claim rejection on a nonfinal first office action, will the patent have to go ...
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Prior Art consideration
Case 1 - data are taken from 'A', an element known to prior art; said data are processed (a novel process) and results are useful for field 'B' to the extent that they meet part of its requirement.
...
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35
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Can it be patentable?
Lets say, there is prior art PA whose claim is a method comprising steps A -> B -> C -> D. The method is used in a complex system S, as a part along with many other different components of ...
1
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1
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27
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Prior art and claim
If one writes the main claim by using a classifying part and a characterizing portion of this claim, then the classifying part reflects the known prior art or its features and the characterizing part ...
- 135
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1
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66
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What will happen when a patented prior art is found after the patent is granted?
What will happen when a prior art is found after the patent is granted?
A patent P was granted by USPTO and after the patent is published, a prior art PA of the P is found. Now what will happen to the ...
2
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1
answer
48
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Can ML applied on an existing idea be patented?
Can ML applied on an existing idea be patented?
Lets say there is a prior art patent P whose claims C cover the methodology steps S. Now the P did not claim any ML (machine learning) approach in their ...
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2
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55
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Can you patent in a futuristic idea with great detail
Like a space industry idea for AI are in an immortality idea etc using a pre vision patent and a great detail but not a physical product yet then license it to companies are super AI concepts or idea ...
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2
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55
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Can specialization of a prior art be patented?
Can generalization of a prior art be patented?
Let's say a prior art X exists claiming for only system A, B, C. Now I have come across an idea of making the prior art idea applicable for A~Z with some ...
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3
answers
45
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How to open source a technology and patent a derivative system simultaneously?
For example, let's say you invented Git. And you want to make Git completely open source. But at the same time you want to build GitHub, and patent GitHub.
I assume you first have to write a patent ...
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1
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24
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How do divisional patent applications work?
Is it possible to file a divisional patent for an embodiment briefly described in a granted (own) patent which does not have a specific claim for that embodiment? Is there a time limit that you can do ...
- 133
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2
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44
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Can I patent the same embodiment with one functional difference?
Let's say there is a patent for a gear covered in gasoline where the gasoline is explicitly mentioned to be used for the lubrication of the gear. Can I patent the same gear covered in gasoline ...
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33
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How can I estimate the level of freedom to operate?
If a medical device has been patented which mentions in the first claim, a particular material for specific reasons and I manage to patent the same medical device which mentions in the first claim, a ...
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1
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75
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Is there a way to completely cancel earlier applications?
I am looking to use my UK-B application below to file a new PCT-B so that I do not have to prove novelty and inventiveness over the PCT1.
1) UK-A filed on 05/19 now withdrawn without being published
...
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What is the prior art date of a cancelled yet published PCT?
If I cancel my now published PCT, I understand it will be prior art since it is revealed to the public domain. However, what will be the date that this cancelled published PCT will be considered as ...
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2
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Hi there, looking for prior art searchers who would be open to try a new non-commercial prior art search tool and share their feedback!
Before I tell more about the tool, it's developed by my colleagues, my role is to collect feedback from beta users and share it with the development team to improve the tool. Also, the tool is a work ...
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1
answer
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How much can you change a PPA when converting into a Non-Provisional such that you will be able to keep the PPA date? [duplicate]
Concerned with PPA “converting” to Non-Provisional
I am in the process of drafting up a software Provisional Patent Application. I have an issue in that there are parts of the system that require ...
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-1
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1
answer
59
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Patenting an invention already sold as a toy in Japan [duplicate]
Quite awhile back I came up with an invention, or I read about it somewhere even longer ago and didn't come up with it myself. At any rate it's already in production in the form of a toy in Japan.
...
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45
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What extent of prior publication prevents patentability?
After winning a competition, the content of my submission was posted publicly. This involved:
General descriptions of features of the product (e.g.allows for
remote monitoring through an ai-camera).
...
user24548
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84
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Prior art for US2020233384A1 which applied reinforcement learning to wind turbines
A patent, US2020233384A1, has been filed which applies reinforcement learning to increase power from a wind turbine. It's ancestor is a Japanese patent JP2019006968A·2019-01-18.
This was filed in ...
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1
answer
48
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Is it possible to proceed with patent application when prior art is found for 1, but not all, of the indipendent claims?
Suppose we have an EU or US patent with 3 claims. The examiner rejects one of the indipendent claims because of prior art.
Ist it still possible to process with the patent application by giving up the ...
- 11
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1
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50
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"Flash of Genius" Intermittent Windshield Wipers
In the movie "Flash of Genius," which covered the long 1960-70's law suit involving intermittent automobile windshield wipers, it seemed that the individual parts (wipers, control box, electrical ...
user24121
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3
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80
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What's the criteria for you to get a patent on an improvement?
I'm very interested in improving upon a patented software method (A) which, in it's turn, is an improvement over a relatively old existing method (B).
Originally, my understanding was that the old ...
- 103
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2
answers
93
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Can independent 3rd party disclosures created during grace period after inventor disclosure be used against inventors after the grace period?
I understand that the AIA considers prior art (among other states of publication/use not relevant here) anything that is greater than 12 months from the date of inventor's disclosure. I understand ...
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54
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Applying for a patent that is similar to a granted patent
There is a product I want to create, but noticed there is a patent for it. However the first claim is compromised of 5 components. I am wondering if it's possible to be granted a patent that takes ...
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83
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Can a claim be considered prior art if when taken out of context it describes your invention?
I found a patent that has a claim that when read out of context could arguably describe my invention. Their claim requires an external device to provide a notification whereas my device recognizes the ...
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Patent US20200023261A1
This patent US 20200002361 is claiming the exact same thing as the common 4x4 locking hub. Furthermore, it is also a mechanical system widely used in motorized vehicle gearboxes. Why are there no ...
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1
answer
67
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Patent application claiming NIST Electronic Authentication Guideline
Correct me if I’m wrong but after reviewing latest claim changes in global dossier of the US20160226868 patent application
it seems that applicant submitted patent application claiming NIST ...
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1
answer
39
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How much time before should a prior art have happened before its patent application for it to be accepted as prior art request material?
There is an application for US and WO and I have prior art for it before the date of its priority date, but I do not know if it will be considered prior art as I suspect there should be time ...
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58
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How are patents like US7548054B2 and US9588147B2 granted in light of DE2003120293
I was doing some research concerning implementing an energy meter for in house use when I ran across what seems to me to be fishy patents.
First I ran across US9588147B2(February 2015), which ...
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3
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48
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If patent filed within a year of publication date of another abandoned patent by same inventor will it be prior art?
We figured the claims aren't well written in the first patent and with experience with the same patent drafter we want to file a patent again of the same invention within the year time frame of the ...
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answer
309
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Is a non-disclosed patent application treated as prior art for a subsequent patent
Suppose a non-provisional Patent Application-A has requested on day-0 (filing date) a non-disclosure till grant date.
Now during the examination process for Patent-A a different patent ...
- 143
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1
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135
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Asserting prior art to invalidate patent
I have 16 years of prior art that would fully invalidate a patent granted in 2019. The patent has two claims (effectively the same claim repeated twice). It has no preferred embodiment. I have had a ...
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1
answer
47
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US expired but active WIPO application enforceable in US?
I am curious about this patent having an active application with WIPO, but expired with the US. Although I believe this patent is non-novel and infringes upon previous patents, is this patent ...
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2
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301
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Risks in mentioning unpatented inventions in a college application
I'll be applying to the undergraduate programs of several US universities this upcoming fall. A chief component of the college application is the extracurricular activities portfolio, of which ...
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3
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154
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Does obtaining a timestamp for a description affect future attempts to patent it?
Allow me to ask four variants of this question in order to try and make clear what the point is. I will also answer each of them according to my current understanding, which I seek to find out if is ...
- 109
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1
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84
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Do you have to make your discovery public for a patent?
I have developed a website with a friend of mine, and the site is working. But it is not currently not in a form which is presentable to the public, which will take us a little bit longer to do.
We ...
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2
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231
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Does notarizing the document of a description invalidate any future attempt to patent it?
In other words, can it count as prior art that will result in rejecting a patent application submitted after the notarization? Thanks.
--
Edit: Due to my poor knowledge of English terminology, this ...
- 109
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44
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Regarding partial overlap with pending patent of combination of (non-novel) methods
I would like to get a better understanding on how infringement is determined in case of combined claims. Specifically I am confronted with a pending patent combining methods A and B in the following ...
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