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Questions tagged [prior-art]

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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.

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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 ...
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84 views

Asserting prior art to invalidate patent

I have 16 years of prior art that would fully invalidate an Apple patent granted in 2019. The Apple patent has two claims (effectively the same claim repeated twice). It has no preferred embodiment. I ...
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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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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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41 views

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 ...
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1answer
56 views

For patent do you have to make your discovery public?

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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48 views

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 ...
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37 views

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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Prior art in French from YouTube is accepted?

I want to publicize a new invention so that it is available on YT for collaborators and as proof that it is my work, through a discreet page so that not alot of casual researchers will find it. Is it ...
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1answer
67 views

Abandoned Patent

In 2011 my partner and I abandoned a patent application after publishing because of spiraling costs, since then he has made another application with his new business partners in 2015 which is ...
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1answer
42 views

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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Citing a Foreign Patent--How do include a copy?

So I'm including a foreign patent in my Information Disclosure Statement (IDS), and my resources tell me I need to include a copy of non-US patents. How do I do that? I plan to file via efs-web. I ...
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3answers
79 views

Can talks qualify as prior art?

I am a PhD student and recently found that a patent exists with significant overlap to my work. I.e. my situation is roughly similar to that described in https://academia.stackexchange.com/questions/...
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US20180247698A1 Patent Application is Crashing on Prior art - Springer Book chapter 5 published in 2010

This US Patent application is from the Korean patent KR101872823, granted to Korean University 2018-06-29. Patent title is 'Method for SRAM Yield Estimiation'. The same idea had been published by IBM ...
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33 views

New use and area of application for old invention

If I invent something that solves a problem in a new area (an improvement to something that was only invented ten years ago), by using a technique and mechanism disclosed in old invention (something ...
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Cited prior art/patent owner notifies me that my granted patent infringes his patent

My previous statement may not be clear. So I rewrite my question: I was granted my patent. I do have cited many prior art/patent in my patent application, one of the cited prior patent owner notified ...
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What happens if there is not enough support in the specification for a continuation

I have an allowed patent application and am working on a continuation. There is material in the specification that I think supports a further development of the original invention, so I'm drafting ...
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Unable to get this patent ( number 75086) detail

I am trying to look into the patent mentioned on this Art Deco: Original années 1930 Betel motor car-art deco metal. Ebay has sold many in past bearing the same Patent number. As can be seen the ...
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1answer
34 views

Novelty requirements for dependent claims

I think my question to follow has been in part answered in this post, but I wanted to formulate it in the context of my situation, just to be sure: Suppose that I formulate a patent application with ...
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1answer
48 views

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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1answer
65 views

How to make patent family graph?

How to find total patent family for a given topic per year? Please provide answer with example.
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1answer
43 views

Advice for Prior Art Shared via Social Media

In January of this year I shared an image of an invention via a certain social network. I would now like to file a provisional patent to buy me some time while I see if the invention is economically ...
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1answer
74 views

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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2answers
43 views

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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1answer
68 views

to patent world wide or is one country good enough?

If my patent is published in U.K. how much time do I have to file the same patent in other countries? Why would it be a race to file in other countries anyway?
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Patent search results - Prior art - Obviousness

Good afternoon all, I have had my search results back from the my patent application. The initial results show four pieces of prior art cited by the examiner. I had not included any citations ...
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1answer
70 views

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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423 views

Requirement to submit newly found prior art after Notice of Allowance or Issue Fee Payment?

In the US, a duty of disclosure to submit information material to patentability extends until the patent is granted. This means that the duty still applies after notice of allowance (NoA) and after ...
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animal footstool storage

I wish to patent an animal footstool featuring a secret storage compartment it would look identical on the outside to an existing one already on the market without any storage within. The existing one ...
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0answers
43 views

Is Time-based One Time Password patented?

This question explains how authenticators like Google Authenticator and Authy are able to generate one-time passwords without connecting to a server. Are there any patents preventing someone from ...
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1answer
45 views

Is searching by CPC adequate while performing a patent search?

I am searching for patents similar to my product. Is performing a search on google patents using CPC adequate to find prioir art? If i do not find patents similar to my product in the search result, ...
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32 views

Well known over 50 years ago; How could it issue?

In reference to the patent: US8227460 US 2836615 is for a method for removing methylene blue from monomers Col.1 line 35 "Methylene blue is known to be a ueeful polymerization inhibitor for acrylic ...
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1answer
40 views

Basic Premise Of A Utility Patent

Isn't the basic premise of a utility patent to be unique and at the very least show innovative improvements over prior arts and usefulness in the current arts? To explain from my point of view and ...
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0answers
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Claims of Patent Application WO2017168412A1 are cited from previous research papers

In reference to the patent: WO2017168412A1 The claims of patent application are all void, it is a group of replicated and cited idea from multiple published research papers The idea of using Metal ...
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2answers
71 views

At what point do conversations become prior art?

Is a conversation between two colleagues or a group in a lab meeting considered prior art? Neither are in a public forum. Is there an assumption of confidentiality?
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77 views

Does a patent on an invention which does not work (but granted as if it does) count as invalidating prior art?

Suppose Alice (a fictional name for this example) comes up with an novel invention idea for a machine to do very useful work, but which requires as part of the larger machine a component perpetual ...
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1answer
67 views

Why would a patent application discuss the prior art?

As I understand it, one needs to understand the prior art because any prior art may NOT be patented. My research indicates that one should not discuss the prior art in a USPTO patent application. ...
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1answer
231 views

Will publishing parts of a provisional application jeopardize regular application based on it?

This old Science paper, among others, explains well how any public disclosure precludes patentability. How does this equation change if I file a provisional first, then publish the invention in a peer ...
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1answer
135 views

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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1answer
83 views

Should provisional application anticipate regular application(s)?

I am a founder of an enterprise software startup and about to file provisional patent(s) on which the software is based. I realize the advantages of bypassing the provisional application, but the cost ...
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1answer
38 views

Can a company who has released a product before another be asked to remove it because of a posterior patent?

Let's say: Company A releases a software with a specific algorithm in January 2016. There are many proofs that the design of the software has been made before January 2016: customers have bought it ...
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1answer
271 views

Risks of splitting invention into multiple patents?

There is a similarly-titled question that asks whether it is possible to split an invention into multiple patents. The question here is what are potential risks of doing so. Patents may potentially ...
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1answer
86 views

Forgotten Prior Art - IDS

If I forget and/or cannot relocate a reference that would otherwise be required in an information disclosure statement (IDS) under duty of disclosure, are there potential inequitable conduct issues ...
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1answer
139 views

Burying prior art/achieving broad presumption of validity via IDS

Are there any consequences for disclosing "too many" references in an information disclosure statement (IDS)? For example, one may do this to bury a damning reference, overwhelm the examiner so that ...
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2answers
69 views

Effect of remaining term length

Is going against prior art that conflicts with my patent or product with 10 years remaining or 10 days remaining the same? edit: If in my invention or product uses an invention that was previously ...
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147 views

Can different combinations of preexisting arts be patented

I have an invention in the field of software My invention is the unique combination of A,B,C,and D And each single component is already patented (A by itself is patented) A sub combination might ...
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3answers
395 views

Best places to record ideas as prior art to avoid later patents (UK/US)

any advice on the best places/web sites of record to list ideas which you want to be on record as prior art so others can't patent them (UK/US/Europe) ? I have some ideas, which I don't want to ...
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1answer
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A company claims they provisional patent on my idea 17 months ago, but haven't published anything that uses it

17 months ago I filed for a provisional patent and approached a company the very next day to licence it. They claimed they have a provisional on my idea and that they are working on it already, yet ...
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1answer
74 views

Examiner Cited Disclosed Art 3 Years After the fact in a 102 Rejection

I have an outstanding patent application that has gone through 5 Office Actions, 9 prior art citations, and one improper final office action withdrawn by the TC Director over the past 3 years. On the ...
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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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