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 for Onsite backup for internet-based data processing

Our startup is trying to provide a backup solution for Google Apps for your domain. In principle it's a software running on the client computer. Our software then connects to Google via APIs (GData) + ...
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7 votes
5 answers
603 views

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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11 votes
4 answers
10k views

What is a continuation patent?

I understand that a continuation patent builds upon an existing patent (or application) by the same inventor. However, I find some aspects to be murky and prone to misuse. Specific questions follow: ...
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47 votes
10 answers
6k views

Microsoft have submitted a patent for a whack to silence a phone ringer. How similar does prior art have to be?

Microsoft has filed for a patent on a new technique that allow users of mobile devices to silence them by delivering a firm whack. From The Register: Patent application 20120231838, aka CONTROLLING ...
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9 votes
2 answers
578 views

Over time, which patent legislation applies, current or past?

Let's imagine a patent is filed in 2003 and later approved by the USPTO. Let's imagine someone wants to challenge it with valid prior art (year 2000 for example). Which legislation applies? The one ...
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3 votes
1 answer
1k views

Can a design patent be issued based on an existing product?

Does Prior Art apply to Design Patents, and can they be invalidated based on Prior Art? Specifically, if a product has been on the market for twenty years without modification, can an unrelated ...
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2 votes
1 answer
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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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  • 75
18 votes
2 answers
878 views

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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  • 751
4 votes
2 answers
596 views

Can a copyright be used as a substitute for a patent?

Elsewhere on this site I see this quote... According to U.S. law, a patent cannot be obtained if an invention was previously known or used by other people in the U.S., or was already patented or ...
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  • 429
16 votes
2 answers
876 views

Can the non-obviousness of an invention be challenged if the difference to prior art is only the mathematical-statistical approach?

TL;DR Given a patent application describing a calculation using a maximum likelihood approach, and a piece of prior art that has the same goal but uses Monte Carlo simulation, is this sufficient to ...
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  • 261
10 votes
1 answer
742 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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1 vote
2 answers
3k views

Can I patent something that is already sold in another country?

Can I get a US patent on something that is already created in Asia?
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10 votes
7 answers
1k views

Could Apple's recent patents be based on prior art?

Some of Apple's patents, I am pretty sure are based on Prior art some of these include: Patent US 7844915. Here is its claim 1: A machine implemented method for scrolling on a touch-sensitive display ...
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  • 101
2 votes
1 answer
488 views

Risks of splitting invention into multiple patents?

There is a similarly-titled question that asks whether it is possible to split an invention into multiple patents. The question here is what are potential risks of doing so. Patents may potentially ...
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2 votes
2 answers
493 views

is there an infringement between this patent and lufthansa us8216392 patent?

lufthansa us8216392 and Gas T. E. us7445677 is very close to eachother and I assume there is an infringment. If you search lufthansa cyclean pictures and patent drawing of us7445677 you will see ...
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2 votes
3 answers
368 views

Can I patent a product that has already failed?

I am looking to launch a product which has already existed in Australia but failed to make any money at the time. The product was created around 3 years ago but the company seems to have ceased ...
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2 votes
3 answers
149 views

Does obtaining a timestamp for a description affect future attempts to patent it?

Allow me to ask four variants of this question in order to try and make clear what the point is. I will also answer each of them according to my current understanding, which I seek to find out if is ...
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1 vote
1 answer
76 views

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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20 votes
4 answers
810 views

Can a granted patent be deeded to the public?

Please note, I'm not speaking in the context of a land patent, I just could not think of a better word than deed. Let's say that: I have a concrete implementation of something that can be patented I ...
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11 votes
3 answers
12k views

How do we check if a patent already exists for our idea?

The idea in question is for a gardening tool.
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  • 111
11 votes
3 answers
768 views

If a patent has been issued, can it still be invalidated by prior art?

Assuming the invention disclosed in a patent issued by the USPTO has been described in a book two years before it was submitted, can this patent still be invalidated by this prior art? If yes what is ...
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6 votes
2 answers
262 views

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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30 votes
2 answers
6k views

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 ...
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4 votes
2 answers
237 views

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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5 votes
2 answers
97 views

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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3 votes
1 answer
234 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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3 votes
1 answer
4k views

Idea that is similar but not identical to an existing patent: how do I evaluate the novelty?

I came up with an idea similar to this one (us20070091093) around the same time and I've read this patent pretty thoroughly. They cover a large part of what my idea is, but I have differences in ...
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1 vote
1 answer
101 views

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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12 votes
5 answers
2k views

Prior art for double-tap to zoom in a structured document / web browser

Apple has patented (US7864163) the behaviour in Mobile Safari whereby double-tapping zooms in just enough to fit on the screen the particular box of content that was tapped. A computer-implemented ...
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  • 411
7 votes
3 answers
490 views

Are patents which are dependent on prior inventions valid?

Example: PersonA files a patent, such as a gesture, which depends on a touch screen. PersonB holds the patent for touch screens. PersonA is therefore patenting a use for touch screens. PersonA's ...
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7 votes
3 answers
265 views

How detailed should the background be?

I'm attempting to form a non-provisional utility patent relating to a method and apparatus used for chemical separations. My question is concerning field of invention and subsequently prior art. Here’...
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7 votes
2 answers
365 views

Objecting granted Patent based on own e-mail correspondence as Prior art?

15 years ago I filed a provisional patent to establish myself as first in line to patent an idea for a novel internet business. I then submitted the idea (my working notes and flowchart) to a ...
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7 votes
3 answers
959 views

Can 'my own' published application be used against 'my newer application' on the ground of 'prior-art'?

We have applied for a patent, it is published by 'PATENTSCOPE' of WIPO 7 months ago. It is presently with the International Preliminary Examination Authority (IPEA). The basis of invention is ...
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6 votes
1 answer
5k views

Can some explain "inter partes review" and "ex parte reexamination"?

Can someone explain what "inter partes review" and "ex parte reexamination" are when challenging patents with prior art?
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5 votes
2 answers
308 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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4 votes
1 answer
97 views

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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4 votes
1 answer
132 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 ...
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3 votes
1 answer
214 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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  • 131
3 votes
2 answers
313 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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2 votes
1 answer
135 views

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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  • 470
2 votes
3 answers
561 views

Can forum/wiki postings invalidate a patent that was granted at a later date?

I have lots of ideas and, not expecting them to be unique or profitable (or knowing how to profit from them), I discuss them online, expecting the information to be helpful to others or expecting ...
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  • 121
1 vote
2 answers
219 views

Does notarizing the document of a description invalidate any future attempt to patent it?

In other words, can it count as prior art that will result in rejecting a patent application submitted after the notarization? Thanks. -- Edit: Due to my poor knowledge of English terminology, this ...
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  • 111
1 vote
1 answer
142 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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1 vote
1 answer
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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  • 13
1 vote
2 answers
734 views

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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1 vote
1 answer
48 views

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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  • 81
0 votes
1 answer
52 views

Applying for a patent that is similar to a granted patent

There is a product I want to create, but noticed there is a patent for it. However the first claim is compromised of 5 components. I am wondering if it's possible to be granted a patent that takes ...
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0 votes
1 answer
134 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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0 votes
1 answer
94 views

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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