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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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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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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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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
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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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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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1answer
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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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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
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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
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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
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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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1answer
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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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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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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
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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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1answer
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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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1answer
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With prior art prove, can this electroluminescent paint patent be invalidated?

In reference to the patent: US8470388 In reference to the patent: US9642212 Normally this patent should be subject to patentable subject matter, utility, novelty, non-obviousness, and prior ...
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2answers
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Is the CoHOG algorithm patented?

I would like to know if the Co-occurrence Histograms of Oriented Gradients (CoHOG) algorithm is patented. A paper on it was published in 2009, and there seems to be a related patent application (US ...
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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
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Does same owner's prior application count as of filing or publication date?

For 103/obviousness (but not obvious-type double patenting) reasons, does an application published by the same inventor/owner count as prior art against future applications of the inventor/owner based ...
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1answer
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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
108 views

Don't these wheels and hubcaps already exist?

Don't the turbofan wheels oultined in US20140191565A1 already exist from the 1980's, if not before then? If I do a simple image Google search for "turbofan wheels" I get examples of wheels and ...
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1answer
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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
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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
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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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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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1answer
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Proving the date of a website being used as prior art

I have several pieces of prior art that were published on a website. The site is public but not in the Internet Archive or anything like that. I have content upload dates in the database that could ...
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2answers
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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
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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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2answers
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Canadian and intl patent application-in-process beat me to it

I had an idea for an invention. I found nothing similar on uspto.gov. Then I discovered Google Patents. I immediately found that someone from Canada is filing a patent for the same invention on the ...
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2answers
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Is use in foreign countries a bar to patentability?

If an invention is in use in a foreign country, but it is not patented in that country (or any other countries), and it is not the subject of a printed publication anywhere, could that invention be ...
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1answer
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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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1answer
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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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2answers
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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 ...
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1answer
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How was this patent even granted?

In reference to the patent: US20160332236 Several published articles of previous work into AM of cutting tools existed long before the application of this patent was even thought of. The "inventor" ...
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1answer
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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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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
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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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1answer
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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
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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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3answers
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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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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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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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1answer
60 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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application conflict

I have proof of development and marketing of concept, in advance of conflicting application that has been filed in advance of mine. Can I use this as prior art to insure that I can still produce my ...
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1answer
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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
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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
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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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2answers
158 views

Sue patent lawyer obvious prior art

I have been working with a patent lawyer who drafted my Idea into a patent and filed the patent. The patent went through a normal process of patenting such as search, reviewing by the examiner and ...
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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 ...