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.

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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to file a new PCT-B so that I do not have to prove novelty and inventiveness over the PCT1. 1) UK-A filed on 05/19 now withdrawn without being published ...
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I had invented and published before this patent application - How do I get it invalidated?

In reference to the patent: PCT/GB2014/051152 WO 2014/170646 A1 granted and pending patents: GB1307148.5, GB1500104.3 and GB1500105.0 to What3Words Limited: Here is the screenshot from the video I had ...
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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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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 ...
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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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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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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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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?
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How can I provably put something in the public domain so that someone else can not patent it?

I have a good idea that is non-obvious and new. I want to make this technology (a new encryption technique) available for everyone to use, and keep it entirely patent-free, including myself. I have ...
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1answer
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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 ...
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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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1answer
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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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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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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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1answer
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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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1answer
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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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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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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). ...
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1answer
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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 ...
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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 ...
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3answers
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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 ...
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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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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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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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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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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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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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1answer
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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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1answer
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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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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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Can a sci-fi technology be submitted as prior art?

In response to a question related to multi-touch user interfaces this answer states: Prior art as published Multi-touch computer pads were used throughout the television show Star Trek: The ...
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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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1answer
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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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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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1answer
213 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 ...
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1answer
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Legal ramifications of including research algorithms in software products sold to clients

If I am a UK-based software vendor or 'software as a service' company, what are the legal implications of including academic research algorithms in products sold to European and international clients? ...
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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.
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1answer
165 views

Given prior art, is Facebook's patent on Reactions valid?

In reference to the patent: US8918339, it would seem to me that the Path (social network) had this same implementation years before Facebook. Its been easy to find, via search engines, a number of ...
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1answer
36 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 ...
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2answers
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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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1answer
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If a patent claims a method, is a subset of the method's steps also covered?

Assume there is a patent that has a claim for a method, the method comprising 5 steps: Step 1 Step 2 Step 3 Step 4 Step 5 Two questions: If I drop Step 5 and use a method consisting of Steps 1 ...
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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 ...
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1answer
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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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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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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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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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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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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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