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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how would a patent examiner search for prior art on a patent application for a dating app?

There are literally 1000s of dating apps either on the market today or have went out of business. If a new patent application comes in with a feature for a dating app, will the patent examiner check ...
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2 answers
102 views

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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when a patent is filed with an IDS form, what does "Information Disclosure Statement considered" mean?

Is Anyone familiar with this under the "Transaction description" tab? And if so, does this mean the application just started being examined by the examiner? how long after this will the ...
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how rigorous or legible must prior art be?

As I understand it, prior can come from any source and not just prior patents. So for example, a YouTube video can be prior art, correct? If so, what is the standard for a source to become sufficient ...
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Is a less restrictive rule different or a subset of a more restrictive rule?

A patent application for a software system, or a set of rules basically, is facing potential prior art challenge. The prior art invention has 5 elements/rules: 1. Rule_A 2. Rule_B 3. If and when A ...
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1 answer
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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 ...
1 vote
2 answers
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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?...
3 votes
1 answer
210 views

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 ...
5 votes
2 answers
329 views

Prior art for US20140314679

In reference to the patent: US20140314679 Would the following applications qualify as prior art for this? US20100240990 CA2692570A1
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1 answer
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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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2 answers
122 views

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 ...
3 votes
1 answer
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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 ...
1 vote
1 answer
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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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1 answer
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Patenting a feature of a larger invention where that feature is listed in the embodiments of a prior patent

A competitor patent has a certain implementation which is listed as an alternative embodiment in the detailed specification, although it is not covered in the claims. My own invention comprises ...
3 votes
3 answers
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Prior Art search

What are the best way to search closest prior art and how to identify closest prior arts from prosecution file history for pharmaceutical patents.
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1 answer
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Prior Art on 2022/0168762

I am familar with CO2 snow cleaning. In section 0006 they state "conversion of liquid CO2 into CO2 snow only takes place in a mixing chamber in which liquid CO2 is expanded into a carrier gas ...
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Is settling a civil patent infringement case via mediation considered estoppel in a possible ex parte review"

Two years ago, my small two-person firm was sued in US Civil Court for patent infringement. The cost to fight this case was astronomical- so we agreed to mediation quickly to keep the business going. ...
2 votes
1 answer
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What is the rationale behind inventor-disclosed prior art disqualification

If an inventor publishes ideas on a process in an academic journal but then market forces shift making the idea commercially viable, why disqualify (that inventor) from patent protection on that ...
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5 answers
7k views

Is Article One Partners a scam?

Is Article One Partners a scam or not? See this for two conflicting opinions.
2 votes
4 answers
383 views

Inventor improves own Patent issued 8 months ago

Inventor files new patent improving his own work in recently issued patent; uses novel new components and some existing components, can prove advantages. In the original patent issued inventor used ...
0 votes
1 answer
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Will a patent for a bug repellent that uses a mix of substances become invalid when it is proven that there is prior art for one of those substances?

Lets imagine that I have invented a new kind of bug repellent that targets one specific bug. This repellent uses a group of active ingredients to repel said bug. Each active ingredient does so in its ...
1 vote
1 answer
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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 ...
1 vote
1 answer
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Searching for "important" patents

I would like to do patent search, let's say for patents related to windshield wipers, and have the search results include the number of times a patent has been referenced as prior art in other patent ...
1 vote
3 answers
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Does it still count as prior art, when something is shown in the drawings of patent documents, but isn't explicitly descibed in the text?

In the CPC class of invention patents, that I am searching in, a lot of drawings show aspects of a invention, that aren't explicitly described in the text. Does that aspect of the invention still ...
0 votes
2 answers
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Patent grant despite prior art describing the same invention

Is it possible and are there cases where patents have been granted even though there is prior art that describes the same invention? Do these patent grants have to be reverted when someone finds prior ...
2 votes
2 answers
109 views

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 ...
3 votes
4 answers
435 views

Can I use an invention that has not been granted a patent?

What I'm trying to do is to use a technology or "invention" for my own invention. In other words I want to use that technology for my own purpose and invention to get completely different results. ...
-1 votes
1 answer
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Simple Soccer Algorithm with positive ROI

I developed a simple algorithm that works at providing an effective positive roi in the long run in the field of soccer betting, not differing much from the one computed theoretically. I am now ...
0 votes
1 answer
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Merely offering an idea for sale negates (affects) patentability. Really?

(Assuming I have a very novel invention that has been ready for patenting (for months or more), in the US.) Suppose I write a press release or conduct an auction (online/physical) or tweet or even ...
0 votes
2 answers
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Will our own product become prior art of our patent application?

We are a software company. We release new features quite fast. We have released a feature in our product in 2021, which have been used by a certain number of customers. Will it still be possible for ...
3 votes
2 answers
1k 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 ...
1 vote
2 answers
208 views

If you are the first to manufacture / produce a product, can you later retroactively file a patent for it?

Scenario 1: I Started to manufacture and sell a product based on my unpatented invention. A year later, still I am the only manufacturer of this product. I then file a patent for it. Will my patent ...
0 votes
2 answers
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When is combining prior art to invent something new obvious and when is it not obvious?

I am referencing the case of how PTAB invalidated Molly Metz's patent because they decided that combining one jump rope invention with another jump rope invention is obvious: https://usinventor.org/...
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1 answer
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What constitute as prior art that an examiner or PTAB petitioner can use against an application?

And more specifically, could something discussed here on stackoverflow be counted as published prior art?
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If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?

If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B? Why or why not? Or does it depend on circumstances? If so, can you give examples?
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If I own the patent to A+B+C, and later A+B is granted a patent, can I still manufacture A+B+C

If I manufacture A+B+C, then I would be infringing upon A+B, no?
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1 answer
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If A + B + C is already patented, but A + B is not patented

What if A + B + C is patented but A + B, for some reason, is not? Then someone comes along and patent A + B. In such a case, the prior art A + B + C, would actually be infringement on the new art. How ...
0 votes
2 answers
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If A+B+C is prior art, and now someone is granted a patent for A+B

Suppose that inventor John holds the current patent and prior art for: A+B+C Steve comes along and patents: A+B Then a manufacturer begins selling A+B+C or A+B+C+D+etc. Who is the manufacturer ...
0 votes
1 answer
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How would the patent examiner find prior art that is not patented?

Let's suppose that an invention is already being manufactured and sold, but there is never any patent for it. Now someone files a patent for this invention. How would the patent examiner be able to ...
2 votes
1 answer
241 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 (...
2 votes
2 answers
108 views

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 ...
1 vote
1 answer
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Independent applications and different outcomes

In short, what happens if 2 inventors file an application for the same invention independently, and the first one filing it gets rejected, while the second one gets accepted, in the period between the ...
2 votes
0 answers
201 views

US 2011/0107630: waterfall flip-book cards

Patent application US 2011/0107630 claims a type of flip book greeting cards. Here is claim 1: 1. A greeting card comprising: a multi-panel greeting card body; a flip book panel operatively engaged ...
1 vote
1 answer
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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 ...
30 votes
2 answers
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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 ...
2 votes
1 answer
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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 ...
2 votes
2 answers
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Can I patent code that is pushed to Github?

I have invented a new algorithm that I want to patent in Germany/Europe. However, I have kept my code implementing the algorithm in a public GitHub repository. I have not assigned a copyright license ...
1 vote
2 answers
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Why is Art. 54(3) EPC limited to only European patent applications?

Art. 54(3) EPC is limited to European patent applications and PCT applications in their European phase (R.165 EPC, if fees are paid, translations are provided). Why does he EPO limit the subject of ...
1 vote
1 answer
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If a company is selling a product from my patent in another country, can I get them to stop by filing patent in the country that the company is sellin

This question is a spinoff of this one: If I license my patent to a corporation, would that tip them off to try to claim this patent in another country? From the question above, I learned that if I ...
1 vote
1 answer
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Prior art and very broad description

In reference to the patent: US20160288972 the following links we believe show proof of prior art: http://survco.com/credit-card-ax/ http://www.sparrowslockpicks.com/product_p/ccard.htm https://...

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