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.
355
questions
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2answers
33 views
Can generalization 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 ...
0
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3answers
33 views
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 ...
0
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0answers
31 views
Can you obtain intellectual property for board games
I want to obtain intellectual property for the game, and I do not want a patent for a board game similar to chess. Does ownership increase me profit more than a patent or not?
0
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1answer
22 views
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 ...
0
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2answers
39 views
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 ...
0
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1answer
26 views
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 ...
1
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1answer
46 views
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1) UK-A filed on 05/19 now withdrawn without being published
...
0
votes
1answer
22 views
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 ...
1
vote
2answers
71 views
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 ...
1
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1answer
17 views
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 ...
-1
votes
1answer
42 views
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.
...
0
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1answer
42 views
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).
...
0
votes
1answer
66 views
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 ...
0
votes
1answer
43 views
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 ...
0
votes
1answer
50 views
“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 ...
0
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3answers
61 views
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 ...
0
votes
2answers
71 views
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 ...
0
votes
1answer
47 views
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 ...
0
votes
1answer
65 views
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 ...
0
votes
1answer
41 views
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 ...
1
vote
1answer
65 views
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 ...
1
vote
1answer
36 views
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 ...
0
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1answer
49 views
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 ...
0
votes
3answers
44 views
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 ...
0
votes
1answer
212 views
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 ...
0
votes
1answer
132 views
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 ...
0
votes
1answer
35 views
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 ...
0
votes
2answers
190 views
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 ...
2
votes
3answers
110 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 ...
1
vote
1answer
83 views
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 ...
1
vote
2answers
173 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 ...
0
votes
2answers
43 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 ...
1
vote
0answers
32 views
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 ...
1
vote
2answers
115 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 ...
1
vote
1answer
54 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 ...
1
vote
0answers
22 views
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 ...
3
votes
3answers
93 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/...
0
votes
1answer
61 views
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 ...
2
votes
1answer
44 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 ...
0
votes
1answer
84 views
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 ...
0
votes
2answers
57 views
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 ...
3
votes
0answers
158 views
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 ...
0
votes
1answer
50 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 ...
0
votes
1answer
62 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 ...
1
vote
1answer
82 views
How to make patent family graph?
How to find total patent family for a given topic per year? Please provide answer with example.
0
votes
1answer
73 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 ...
0
votes
1answer
82 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 ...
0
votes
2answers
72 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 ...
1
vote
1answer
76 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?
1
vote
2answers
94 views
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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claims × 18
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international × 9
invalidation × 9
usa × 8
non-obviousness × 8
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