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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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When I reference a patent, do I use the Asignee or Inventor if they are not the same

When I write my own patent, I have to reference someone. Do I use the inventor or the assignee when referencing patents?
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Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

I have two questions regarding the functioning of the patent application examination process. Hopefully someone can shed some light. If a patent application has been filed but not yet published, does ...
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Submitting prior art against US patent application

Reference to US20140134731 I think the Patents office is slipshod or very keen on encouraging pirating and patenting of indigenous knowledge. There is NOTHING unique or special requiring any exercise ...
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Patent WO 2014122535 A2 (US 14/172,685): User Interface, prior art exists

I studied this patent (pending) and it seems obvious to me that prior art apply on: System for organizing and displaying information on a display device WO2014122535A2 US20140223313 Application ...
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1answer
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Nintendo's recent emulation patent: why?

This particular application is all over the news today: HAND-HELD VIDEO GAME PLATFORM EMULATION I'm approaching this out of sheer curiosity. It is my understanding that emulating other hardware is a ...
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New invention covered by claim of other invention

Suppose a patent application is filed, claiming a method+device that solves some problem. In the patent text it is written that the method can solve A & B, but it explicitly mentions that it ...
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1answer
107 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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3answers
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Knocking prior art, is it necessary?

I am working on software process patent. There is a significant body of prior art, which I believe is inferior. But proving that would require to go into a lot of technical details of prior art. ...
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Filing a second patent after a first one

I know that when I file a patent application, a research will be done on novelty. This research covers (theoretically) all known publications, existing patents and applications up to the date of ...
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PCT and Prior Art

Let's say I file for a PCT (or even a US/EU/China Patent) And then I advertise about my technology on my website, way before anything is granted (including details) Does this count as prior art and ...
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2answers
137 views

Isn't this invention half-century old?

The patent us 2010/0073978 is clearly NOT an invention of a German company. To see how it had been used in volt meters in 1998, visit: http://www.chipinfo.ru/literature/radio/199801/p29.html To have ...
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Possible to include information in patent application refuting similar patents ahead of time?

The title is mostly self explanatory, but I have never been through the patent process before. I have a specific concept for a piece of software that fits the criteria of someone else being able to ...
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Is the following claim 1 from patent (old lapsed patent A) considered prior art for the following patents & application(patents 1-4)?

possible prior art(old lapsed patent A) Active patent #1 Active patent #2 Application patent #3 I am curious as to how the new patents were able to get approval on their claim 1 when it is very ...
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A active US patent has claims that are very similar to a lapsed older Patent?Does this negate the newer patent claims?

The two patents in question are the following: the claim 1 is the one that is similar (new one) https://www.google.com/patents/US20130032594?dq=ininventor:%22Jeremy+Smith%22+active+cover+plate&...
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1answer
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Ortery Technologies Object VR turntable claims

There are at minimum 12 manufactures currently producing and selling systems identical to what Ortery Technologies, Inc. has listed in its claims (US20070172216). There are current systems on the ...
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2answers
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USPTO Citation referring to a dysfunctional invention

Earlier this year I submitted a utility patent application at the USPTO in respect of a manual cutting device for which I recently received the first Office Action. The report of the examiner includes ...
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1answer
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Art from US Patent prevent patent in other countries?

My design patent was filed on Jul. 19, 2013, in the United States. I received some bad advice and did not file for an EU patent (huge market potential for my product there.) So I was wondering, if ...
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EP 1544461A1 , A questionable modified prior art,

When this application first published on Google? The published application on Google is identical to published on EPO, and both are greatly different from what is on reputable USPTO, which cited the ...
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1answer
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Can a patent still be granted with many prior arts (ref citatations/isr etc )?

Phrased another way, how weighted/important are the prior arts when a patent application is filed? If someone, or an internal search report shows many possible reference citations (is this the same ...
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Where can I view this patent application?

This blog post says that this patent has now been filed. Can I view the patent on a database anywhere? I'm going to attempt to look for prior art.
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4answers
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Is Article One Partners a scam?

Is Article One Partners a scam or not? See this for two conflicting opinions.
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1answer
214 views

Isn't IM an example of prior art in US6463131

This looks like a patent written in 2000 by someone who never lived through the 90's -- AIM and Yahoo IM and all of those are classic examples of applications which would fill this for prior art. As ...
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4answers
190 views

Do I need to search for patents which are not yet published?

I am doing prior art searching. I want to to know whether I need to search for patents which are not yet published. If so, how do I do this? A related question is: Can I search all patents which are ...
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2answers
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Patent us8686880 No checking of prior art or obviousness to a practioner

How can a patent be granted for Standard industry practice for the last 20 years - For example the Livechart format that uses the exact same method for both proprietary cell/chart/map data and ...
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1answer
90 views

Randomized distributed network coding - Date for prior art?

Patent US 7706365 B2 has, according to Google a priority date of date of Nov 25, 2003. I found a paper containing the invention described in the patent presented by the authors of the paper in a ...
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1answer
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I released a product based on my PPA, should I mention it on my regular PA?

I filed a PPA for a product in June 2013. I publicly disclosed the product in December 2013 by releasing the product online (via a website and Amazon.com). I'm filing the regular patent application ...
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Is RFC 1034 Prior Art for US 6,199,048

I've seen in the news that US Patent 6,199,048 has been upheld several times in disputes over the use of QR Codes with URL shorteners (or QR Code "clearinghouses"). Reading the claims of 6,199,048 ...
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US2009/0183782 is the same as US2014/0048148, is that allowed?

I came across two applications for the same thing, are you allowed to do this. Wouldn't the 2009 be considered prior art?
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2answers
256 views

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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1answer
122 views

What is the best way to bring a relevant 102 prior art reference to an examiner for a published application?

I found non-patent literature in the form of a letter to the editor correcting a review article. The correction is on point as 102 art for a currently pending published application which is being ...
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1answer
260 views

Would this application be invalidated by a youtube video showing the same invention 5 months earlier?

So this patent was filed September 11, 2013. There are two Youtube videos describing the same invention from April 2013 from two different people: https://www.youtube.com/watch?v=XSSvqpBLhGM https://...
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1answer
327 views

This patent plagiarizes prior art. Why does it still exist?

Patent: http://www.google.co.uk/patents/US20070233477 Prior art: http://encode.ru/threads/256-Spec-for-portable-PAQ?p=4703&viewfull=1#post4703 "...The text of the patent is directly plagiarized ...
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1answer
212 views

Is Robocasting Development in Ceramic Multimaterial Deposition Prior Art? US20100327479 A1

Is the following document "Robocasting Development in Robocasting of Ceramic Multimaterial Deposition" Prior Art? As it seems to cover the same points as patent US20100327479 A1 but was published ...
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It seems this is being used by major companies. How broadly or narrowly are patents interpreted?

I was briefly looking at the patent 8438081 (Methods and Systems for Online Shopping) and don't quite understand its applicability. There are numerous successful companies that seem to have ...
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Potential prior art document has 1 common inventor & was published a month before patent app. Prior art?

OUR APP: A US patent application, whose provisional date is Apr. 8, 2004. Assigned to Motorola. Has 5 inventors, A - E. I received a 103 rejection citing PA1 and PA2. PA1: A document published in ...
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Help finding prior art for US13/135,467 (3D computer graphics object and method)

This application (US13135467) is attempting to patent a broad concept of defining "templates" of graphical objects using natural language text: https://www.google.com/patents/US20130009944 Not only ...
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1answer
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Submitting prior art when patent application number is not known

How can I submit prior art to the USPTO when I do not know the patent application number? There is a competitor that I know is trying to patent an invention that is partially based on my prior art. Do ...
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1answer
177 views

Public disclosure, then patent filing?

Would publishing an idea to an invention (on the internet) act as a prior art with a priority date in a later fild patent application? For how long such protection lasts? For example, if someone has ...
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1answer
208 views

Submitting 3rd party prior art - any negative consequences to the 3rd party?

I have some 3rd party prior art available for a handful of published patent applications, by a few large tech corporations. I am knowledgeable in that field so I believe they would bring down a few of ...
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223 views

Search/Examination Reports

Does prior art encompass both: published applications with search report, and closed applications, too?
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I find these two patents virtually identical

I find that these two patents: US3079851 and US3209667 unbelievably similar; they appear to be achieving the same thing by virtually the same method.How could they both have been granted patents?
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1answer
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Patent Granted then I discovered prior art… What to do?

If I were granted a patent in a field and then it was later brought to my attention that there is a lot of prior art that would render one if not more of my claims invalid, and possibly my patent, ...
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1answer
118 views

What are the implications of insufficient prior art?

What are the implications of insufficient prior art? Beyond vaguely being aware that it somehow reduces the chances of finally getting a patent grant, I am unclear as to what are the specific ...
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1answer
122 views

Is this patent covering my idea of measuring intra vaginal temperature to evaluate it by smartphone app?

as far as I understand, this patent pending is for a huge device which is for intra vaginal observation of the cervix as well as for introducing pregnancy by inserting sperm. Nevertheless I don't ...
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Non-publication requests and 3rd party prior art submissions

Can someone here please help clarify the following: For applications that have included a "non-publication request", at what time am I allowed to file 3rd party prior art against them before they get ...
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2answers
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Not filing a patent, but found what seems to be “prior art” - any risk?

I have spent a few months building a web based service, and am quite excited about the result/idea/potential. I came up with the idea entirely on my own as a result of a personal experience. I ...
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1answer
408 views

How was this eligible for a patent? US 2013/0078073

US 2013/0078073 It is a gantry for a 3d printer. It uses what is commonly referred to as an H-Bot configuration. It was filed Sep.23, 2011. A simple Google search with the term H-Bot from 2009-2010 ...
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I believe this patent application has prior art - US2013/0220295

I believe this patent application has prior art and is not patentable. https://www.google.com.au/patents/US20130220295?dq=jack+kingsley&hl=en&sa=X&ei=18qBUpvgIObwiAfy2YG4Dg&sqi=2&...
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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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Patent granted in 2009 on published research results in 2003

I'm a researcher doing work in Information Retrieval. One of the papers I stumbled upon was this: Andrei Z. Broder, David Carmel, Michael Herscovici, Aya Soffer, Jason Y. Zien: Efficient query ...