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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 not cited in application

We applied for US and Canadian Utility Patents. Our US patent issued. After the US patent issued, during prosecution, the Canadian patent examiner sent back an office action and cited prior art that ...
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“Method of swinging on a swing”

http://www.google.com/patents/US6368227 Is this a joke? What is the applicability of such a patent? But even more, how can you have the nerve to say that no one else thought about pulling sideways ...
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184 views

Smartphone Apps: Difference between a device and software?

If a patent makes claims about a "device", but not about "software", does that mean I can make apps without infringing, and would my app potentially be patentable? Example: Say I want to write a ...
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Is “prior art” established by written consideration of an idea but not used?

I had a website tying messages-with gifts online around 2006. I notice that there are several patents dealing with this topic and I believe that I have written evidence that I considered the same ...
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247 views

US patent application Us20130015958 An RFID tag system

I'm looking for prior art against US patent application 20130015958 (serial number 13/481,141). Truncation, compression, and encryption of rfid tag communications Claim 61 A radio frequency ...
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424 views

Can abandoned european patents become prior art for a US Patent with number WO2005065109A3?

I need some input regarding Prior Art. I have found some abandoned patents with almost similar invention to a US Patent with number WO2005065109A3. It is possible to invalidate the patent by using ...
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1answer
132 views

Patenting data representation on screen

Is it possible to patent the way folder structure is represented on the screen. In what sense it is patentable since it does not fit into any category but Apple and Microsoft have parts of their ...
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619 views

Does THIS prior art invalidate THIS patent application?

Here is an example of an invention website where a poster presents the idea of a "Slide Release Buckle + Fire Starter", dated April 18, 2011. The application in question is "Quick-Release Buckle ...
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prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee

I have a question about the prior art applicability of earlier-filed later-published applications having a common inventor or a common assignee. Earlier filed application: Indian Patent application ...
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1answer
245 views

What is the difference between US6510441 and the Knuth-Plass algorithm?

This patent cites Knuth-Plass as a prior art, but doesn't seem to specify how it varies. It must do since this patent was approved, but what is the difference? Is is a difference in implementation ...
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When can new prior art be brought during prosecution? How can we help?

I am looking for a clarification ideally for both USPTO and EPO procedures. I thought that: applicant could (must for US) bring new prior art anytime during prosecution until grant (through IDS for ...
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1answer
387 views

Production of patented product predates the product's patent

Patent US8144070 protects the IP concerning the portable Yagi-Uda antenna product called SuperAntenna Model YP-3... http://newsuperantenna.com/YP3-SuperBeam-Portable-Yagi-Antenna/ The problem is ...
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How can I make certain that prior art I find for submission is “good prior art”?

I see on many threads here references to there being prior art, and then "good" prior art. After searching at length through many threads on this site, and even turning to the internet at large and ...
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Does a software implementation count as prior art?

Does a software implementation count as prior art and sufficient proof to invalidate a patent application? Does it matter whether the implementation was closed-source, open-source or public-domain?
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Would software automating a manual process described in an old book be invalidated because the book is prior art?

There is a book from before the PC age that describes how to manually do something that could be done with software. A number of websites describe how to do this manually still, though apparently no ...
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246 views

How was this patent issued over the prior art?

I don't see a substantial difference between this part and a standard banana jack. For example - http://www.alliedelec.com/search/productdetail.aspx?SKU=70209775. Versus USD651568 The purpose of ...
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1answer
186 views

Is Disclosure to a Senior Government Official a “Public Disclosure” of an Invention in the US

Is a photograph showing a senior government official, for example, the Deputy Secretary of Defense, viewing a prototype considered evidence of "public disclosure to the government" which would ...
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210 views

3rd party filing a patent based on an idea posted to my blog

Can a third party file a patent based on a idea I have listed on my blog and made public under a creative commons license? Are improvements to the idea patentable if the original idea was published ...
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162 views

I have evidence of inequitable conduct for an issued US Patent - What are my options?

http://proceedings.spiedigitallibrary.org/proceeding.aspx?articleid=971777 The above article predates the patent US5576880. I sent this article to the inventor of US5576880 prior to his filing of ...
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How to invalidate a patent with prior art?

I currently work for a company being sued by a patent troll. We have a lawyer and a bunch of middle-men. I don't really get to talk to the lawyer. After tons of digging, I found prior art that ...
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1answer
109 views

this is a design from the 1960s by Gysin & Sommerville

this design has been created by Brion Gysin and Ian Sommerville in the 1960s... you did NOT invent neither the contraption, nor (even less) the "ornamental design".
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2answers
656 views

Is Imported Product Made in Foreign Country Prior art to US Method Patent?

I have a question relating to whether an imported product made in a foreign country by a patented method, before the method was patented, would be prior art to the method patent. That's a mouthful, ...
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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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1answer
119 views

What would be considered infringement on patent US 8327659 B2

A patent on a "cooler" is covering a wider spectrum of products. There are numerous cooler companies. Would they be committing infringement on this patent just by making a cooler? Or perhaps the ...
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1answer
100 views

How does this paper published in 3 months before the filing date affect the claims?

I found patent EP 2155766 A1 while looking at Ru mediators. I also found this paper, published April 2008, 3 months before the filing date. Does this invalidate the patent?
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1answer
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Can 3-D Printing Materials be Patented After an Algorithm for Making Them is Published?

There is a growing concern in the open-source 3-D printing community that broad patent claims on materials for 3-D printing may hamper the open-source 3-D printing community's ability to innovate. ...
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CALL FOR PRIOR ART:polar coordinates 3d printer

William Steele made a patent application for some sort of polar coordinates 3d printer: http://www.kickstarter.com/projects/wjsteele/ultra-bot-3d-printer/posts/362886 How could I find this patent ...
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1answer
139 views

How do I report a application that is not novel?

How do I alert the Patent Office that the application describes a device that was published over 20 years ago and was on the market up until 1994? In-other-words, it is not novel!
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1answer
158 views

Has application been developed

I had this idea and was almost ready to develop the application when i found this patent, US 20080140650, which covers most of things I have thought of. Has this idea been implemented or is it just ...
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0answers
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How Can an Inventor Create Good Strong Prior Art For the Future Without Filing Patent Applications? [duplicate]

A company has patentable inventions it is concerned about getting locked out of. They don’t want to file patents, necessarily, but they do want to create some good strong prior art that a) they can ...
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1answer
276 views

Rule 131 Antedating for a National Stage application

For the given circumstances: Reference filed on Jan. 1, 2010. PCT Application filed on Feb. 1, 2010. US National Stage claiming priority to the PCT Application filed on Mar. 1, 2010. Reference was ...
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715 views

I have prior art for a pending patent. What should I do?

I invented something a couple of years ago, and made a working prototype and posted it on my blog. I also spoke about it publicly and brought it to an exposition. Lately, I've been thinking of selling ...
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478 views

Can one file a patent application amicus brief to protest granting of the patent?

If one were to have information concerning a patent application that would refute the claim of no prior art (goes to originality), is there a process and/or obligation to submit this information to ...
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Inequitable Conduct? Theranos U.S. Patent No. 8,283,155

I would ask for prior art, but I'm more curious how close you think this and what the consensus on inequitable conduct is? U.S. Patent No. 8,282,155 filed in 2009 and claiming priority to 2006. http:...
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1answer
405 views

Can web pages found with the Wayback Machine qualify as prior art?

I'm trying to claim prior art on the "Twitter" patent. But if that prior art only ever existed as a web page, and only now exists as a Wayback Machine snapshot, does it qualify as legitimate prior art?...
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US patent 6153034

I am the inventor of a unique method for rapid prototyping I got an US Patent in 2000 number 6153034 Scott Crump from Stratasys examined it in Chicago at Rosemont CC back in 1999. Terry Wohlers ...
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1answer
225 views

Prior art and infringement: patents filed but not issued

I am wondering about whether or not my idea has already been patented. In particular, I have combed over the patents that have been issued, but it remains a possibility that a patent, which ...
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1answer
109 views

Searching for prior art: what cites this?

I have found a patent on Google Patents which, while not infringing on what I want to patent, could form prior art to something that does infringe on what I want to patent. I am finding it hard to ...
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1answer
189 views

How is US5693489 patent different from US4952496?

From what I can tell, the language in these patents are exactly same with the exception of the degree of detail outlined in the claims. Claim 1, 1a, and 1b of US5693489 appear to re-phrasing claims 12,...
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1answer
148 views

How is us20120249774 different from structured light?

How us20120249774 is patentable? It just looks like structured light + 6DoF pose estimation. Besides being obvious, this video uploaded on Mar 31, 2011 pre-dates the application. https://en....
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1answer
201 views

I want to challenge the validity of Patent number: EP1646287B1, do I need to officially hire a lawyer and present it to the tribunal?

The validity of Patent number: EP1646287B1 has been questioned in various research reports. How does one go about challenging the validity of the patent?
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1answer
129 views

Is this patent valid us20120228385?

It seems to me that services like this http://www.greengym.ca/QRCODES.html invalidate this patent. Also, how is this an "invention". Seems to be it shouldn't be a patentable item. link to patent ...
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449 views

Patent Troll: Search Results with Image

There is a patent troll trying to get a number of websites to pay a license for a search that results in an image with text describing that image. The main claim might be roughly paraphrased as: A ...
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1answer
120 views

How is p16 for cervical neoplasias patentable in 2003 (US7306926) when the application has been published as far back as 1995?

Below are examples of prior art to the 2003 p16 patent from MTM Labs...how does that patent get granted? http://www.ncbi.nlm.nih.gov/pubmed/7591209 http://www.ncbi.nlm.nih.gov/pubmed/9166931
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1answer
318 views

What are the major take-aways on the first-(inventor)-to-file rules that go into effect March 16, 2013?

The last and possibly most significant change to the U.S. patent system from the AIA goes into effect in less than a month. What will it mean for inventors and for prior art submitters?
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272 views

Does the actual inventor of this item have any means of gaining financial compensation for his stolen design?

Assume an inventor A has no patent, just published proof that he created the Invention. Assume a second individual B copies the Invention and files for a US patent on the Invention. Does A have any ...
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The techniques here are obvious

The problems of recognizing blobs (the result of connected component analysis), classifying them as representing potential collections of interest such as text strings, and applying techniques such as ...
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1answer
114 views

Would this, given the global usage of diaries on both big and small websites, still be a valid patent?

This patent is about the use of diaries with remote content (see quote), but given the current use of blogs (via sites as Blogspot, Wordpress etc) I would consider this to be a bit out-of-date. A ...
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2answers
475 views

How is the patent 7,844,363 B1 not violating EP 2174251 B1

I saw this patent for Medbox and I was wondering how it doesn't violate EP 2174251 B1 which is for a medicine dispensing machine called Pyxis Medstation. They are similar machines however one ...
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1answer
261 views

Is this prior art to Power-over-Ethernet based LED lighting or illumination?

UK based Convertertechnology have dated their Power-Over-Ethernet based LED lightning reference system in 29th December, 2006. Here is the link to the document: http://www.convertertechnology.co.uk/...