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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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Why do people patent well-known ideas?

Some patents seem to be filed for fairly well-known ideas, like for example, "out-of-office email". Even large, industry-leading companies, rather than patent trolls, appear to apply for such patents. ...
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Does claiming priority change the effective date for prior art concerning EPC §56?

Article 89 of the EPC provided that The right of priority shall have the effect that the date of priority shall count as the date of filing of the European patent application for the purposes of ...
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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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653 views

Can Patent A be considered as a prior art over Patent B with a priority date before the filing date of Patent B?

We have: Patent A, filed Nov. 29, 2006 in the US, claimed the benefit of a DE application, filed Feb. 02, 2006,(there is a PCT application filed Nov. 29, 2006 with the publication date Aug. 30, 2007, ...
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is the indirectly claimed priority valid?

There are: application A filed Mar.1 2017, claims the priority of application B; application B filed Feb.1 2017, claims the priority of application C; application C, filed Jan.1 2017. However, app A ...
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Need help locating the patent on the hula hoop Chanel bag (circa 2013)

I've searched the uspto.gov/patents website as well as google.com/patents and to no avail. I am new to this and I know it must exist. I would like to start a patent application on a similar item but ...
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259 views

Different consideration for prior art based on jurisdiction(US and EP)

I'm confused what should be the prior art based on jurisdiction. Some have a grace period, but which are still prior art for others. I am basically confused about the following points. Grace periods ...
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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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Prior art suggests possibility of using a specific sensor, can my patent still use this sensor?

While researching the prior art, I found a patent filed by a large corporation and at the end of the description they say something like "an accelerometer or other sensor can be added". My idea uses ...
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Do you have to amend claims lacking novelty or an inventive step

If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
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Prior art search based on non-paid databases

I am considering prior art searching (and provided results) based only on non-paid databases (Google, Espacenet, etc), as opposed to paid databases? Would a careful search in non-paid databases be ...
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Patent Troll Alert PCT/US2016/031871

In reference to the patent: WO2016186925A1 CLAIMS We claim: 1. A method of performing upscaling, the method comprising: parsing an input video; breaking the input video into individual frames; ...
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Are inventors' prior art submissions to USPTO available?

USPTO requires inventors to submit their own list of prior art. Is this list made available anywhere?
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Are there any free prior art search services?

I found a website (C-DAC) in India that performs prior art searches for free. But, you have to live in India to register and request for a search. Are there any other prior art search services for ...
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why is this patent not reference significant previous work?

In reference to the patent: US20130024676 The patent application (with a 2011 date) is too broad and attempts to patent the entire concept of control flow integrity. There is HUGE previous work ...
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1answer
115 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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Can rejected patent applications constitute relevant prior art?

Pending patent applications that comprise relevant prior art should be cited in a patent application or through the search process. But what about patent applications that got rejected? Should one ...
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1answer
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How to deal with prior art with absurdly broad claims?

Suppose there is a patent with claim A that is filed five years ago. It might not be perceived as "obvious" five years ago but it is very common nowadays. Suppose John wants to file a patent ...
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What happens when a non-provisional patent infringes a provisional patent?

Lets say John files a provisional patent at January 2016 with claim A. Some company B decides to file a non provisional patent with the exact same claim A at March 2016, because John's provisional is ...
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1answer
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Finding prior art referenced in the description of an existing patent?

In reference to the patent: US6622464 The description from this patent reads: The applicants have discovered that the placement of the prior art pivot axis 192 and the geometry of bedbar 186 ...
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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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1answer
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Options for submitting prior art on a patent application after the 6 month window passed?

There's a patent application close to issuance for an "invention" we have significant pieces of prior art for, but the time allowed for third party submissions under 35 U.S.C. 122(e) has passed. MPEP ...
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1answer
231 views

Is a rejected patent application considered prior art under “first to file”?

Let's say Company A's patent application is rejected due to prior art, a public disclosure from Company B (made within Company B's 1 year grace period). Would Company B's very similar patent ...
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Is there popularity (sales not income) track on a patent

If there is a patent on a certain product...and 3 yrs later a similar protuct is pattented..is there a way to see how many of the first patented product sold in the previous years..prior to the new ...
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Seems like overwhelming prior art and lack of novelty, could this actually get patented?

In reference to the patent: US20140207263 I ran across this patent application in a google search and can't help but be dismayed that someone is actually trying to patent this. Is this a patent troll?...
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1answer
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Broad application applies to longstanding software capability

In reference to the patent: US20150058243 This application is overly broad and would presume to cover long standing job search and matching capabilities used by large providers such as Monster.com; ...
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Invented something 10 years ago, if I change it a little can I patent it

I invented a, lets just call it a simple circuit board, 10 years ago. I sold about 2000 of these so they are in the public. The way I understand it is if you didn't patent it within the first year ...
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Patent Application found - Prior work

a few days ago, my fellow researchers and me fell into a sort of limbo. We were and still are very sad to discover that a company filed a patent in August 2015 that has been published in March 2016. ...
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1answer
23 views

Is this prior art or not? When a CCA-NC license precedes?

In reference to the patent: US20140120196 Isn't is called prior art when a design presented under Creative Commons - Attribution - Non-Commercial license is patented? Even the youtube video of ...
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367 views

Artificial Pollination of Adenium

The method of artificial pollination of Adenium has been popular in Taiwan for a long time, and there are other similar artificial pollination methods. How can I bring my concerns to the attention of ...
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3answers
128 views

Is there a website for sharing patent analysis together with prior art claim charts for fending off trolls?

A lot of work goes into constructing claim charts, analyzing patents, but this is done all over again in each patent litigation case. It would be great to share patent analysis data to bring down ...
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filing a new provisional patent from a similar 70 year old provisional patent

Can a new provisinal utility patent app. be made from a similar 75 year old Utility Patent.
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1answer
368 views

Can GitHub code be considered prior art? What if its in a private repository?

I may file a patent in the future that relates to a user interface on smartphones. In the meant time, I am building the algorithm stored in a GitHub repository. My question is: Can I use this GitHub ...
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1answer
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Microsoft Modular Computing Device - Prior Art Request

Microsoft has submitted an application for a patent to the blatantly obvious idea of designing a computer that consists of independently upgradeable modules - an idea as old as the IBM PC itself only ...
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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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Can drawings alone act as prior-art for a new invention filed?

Can a drawing by itself count as prior art, or is a text description of the drawing needed as well? For example, fig.9 of US3110626 was used against EP0030192 T204/83. Was this finding appropriate?
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332 views

Prior art after patent granted

Can you submit a claim for prior art after a patent is issued or can prior art be used to protect a business against patent infringement ?
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1answer
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How can I contact the examiner of an application about potential prior art?

In reference to the patent: US 2014/0272639 A1 I have in the past (2010) filed and had patent application PCT/CA2009/001540 approved, which is a device which makes carbon from carbon dioxide for the ...
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1answer
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Can a product that is 6 years old be patented?

I am starting up a furniture company. I was working at another furniture company, but they are going out of business. None of their models had patents on them. The newest model has been being sold ...
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Can someone explain the term “commonly owned”?

As seen in a patent application, can someone please explain to a layperson what this term means? "All claims of the present invention application are commonly owned." I am having a heck of a time ...
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Prior Art on YouTube

I work for a man who has invented an "improvement" to a skateboard. He put a video on YouTube a little over a year ago, but in the video all he does is ride the skateboard as part of an "art film" ...
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Patenting an added ingredient as an improvement

Someone has an expired patent on a mixture that makes an oil painting medium. I will not use real names, but here are the ingredients of it Painting oil + Stone dust (gives medium a certain quality ...
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Prior art for the same exists

In reference to the patent: US20130321393 Please note Prior Art - http://www.google.com/patents/US8705110
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202 views

Register prior art, but not wanting a patent

I'm releasing some source code as open source which includes a new, highly effective and efficient method of automatically classifying graphical data (image, video frames etc) as either pornography or ...
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74 views

Are reinventions patentable?

Suppose company A invented X, but kept it a trade secret. If then company B reinvents X, either using reverse engineering, or completely independently, can company B patent it, and if so, can company ...
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1answer
227 views

Can it be a patent?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
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165 views

This inventor was aware of prior art

In reference to the patent: US20150047576 This "inventor" filed an a patent application after being notified of an near exact product already on market and in many publications. We have used a ...
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3answers
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Urgent - My Patent Application received a Non-Final Rejection, Advice?

I have written a computer program which combines two patented ideas, but provides a new and much needed function, and service for that matter. Hence the big money corps stand to make from the use of ...
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Ethical problems with application

In reference to the patent: WO 2010/056908 A1 Have the researchers and applicants at Rutgers considered the problems raised in this article? This is not a discovery, but an appropriation.
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Cost to draft and file patent application in the U.S.?

I'm a non-american individual who wants to apply for patent in USA. My invention is related to energy generation. How much will it cost? Why is working with a patent attorney so expensive? Will ...