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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Is it possible to proceed with patent application when prior art is found for 1, but not all, of the indipendent claims?

Suppose we have an EU or US patent with 3 claims. The examiner rejects one of the indipendent claims because of prior art. Ist it still possible to process with the patent application by giving up the ...
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“Flash of Genius” Intermittent Windshield Wipers

In the movie "Flash of Genius," which covered the long 1960-70's law suit involving intermittent automobile windshield wipers, it seemed that the individual parts (wipers, control box, electrical ...
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What's the criteria for you to get a patent on an improvement?

I'm very interested in improving upon a patented software method (A) which, in it's turn, is an improvement over a relatively old existing method (B). Originally, my understanding was that the old ...
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Can independent 3rd party disclosures created during grace period after inventor disclosure be used against inventors after the grace period?

I understand that the AIA considers prior art (among other states of publication/use not relevant here) anything that is greater than 12 months from the date of inventor's disclosure. I understand ...
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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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Can a claim be considered prior art if when taken out of context it describes your invention?

I found a patent that has a claim that when read out of context could arguably describe my invention. Their claim requires an external device to provide a notification whereas my device recognizes the ...
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Patent US20200023261A1

This patent US 20200002361 is claiming the exact same thing as the common 4x4 locking hub. Furthermore, it is also a mechanical system widely used in motorized vehicle gearboxes. Why are there no ...
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Patent application claiming NIST Electronic Authentication Guideline

Correct me if I’m wrong but after reviewing latest claim changes in global dossier of the US20160226868 patent application it seems that applicant submitted patent application claiming NIST ...
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How much time before should a prior art have happened before its patent application for it to be accepted as prior art request material?

There is an application for US and WO and I have prior art for it before the date of its priority date, but I do not know if it will be considered prior art as I suspect there should be time ...
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How are patents like US7548054B2 and US9588147B2 granted in light of DE2003120293

I was doing some research concerning implementing an energy meter for in house use when I ran across what seems to me to be fishy patents. First I ran across US9588147B2(February 2015), which ...
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If patent filed within a year of publication date of another abandoned patent by same inventor will it be prior art?

We figured the claims aren't well written in the first patent and with experience with the same patent drafter we want to file a patent again of the same invention within the year time frame of the ...
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Is a non-disclosed patent application treated as prior art for a subsequent patent

Suppose a non-provisional Patent Application-A has requested on day-0 (filing date) a non-disclosure till grant date. Now during the examination process for Patent-A a different patent ...
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Asserting prior art to invalidate patent

I have 16 years of prior art that would fully invalidate a patent granted in 2019. The patent has two claims (effectively the same claim repeated twice). It has no preferred embodiment. I have had a ...
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US expired but active WIPO application enforceable in US?

I am curious about this patent having an active application with WIPO, but expired with the US. Although I believe this patent is non-novel and infringes upon previous patents, is this patent ...
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Risks in mentioning unpatented inventions in a college application

I'll be applying to the undergraduate programs of several US universities this upcoming fall. A chief component of the college application is the extracurricular activities portfolio, of which ...
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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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For patent do you have to make your discovery public?

I have developed a website with a friend of mine, and the site is working. But it is not currently not in a form which is presentable to the public, which will take us a little bit longer to do. We ...
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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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Regarding partial overlap with pending patent of combination of (non-novel) methods

I would like to get a better understanding on how infringement is determined in case of combined claims. Specifically I am confronted with a pending patent combining methods A and B in the following ...
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Prior art in French from YouTube is accepted?

I want to publicize a new invention so that it is available on YT for collaborators and as proof that it is my work, through a discreet page so that not alot of casual researchers will find it. Is it ...
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Abandoned Patent

In 2011 my partner and I abandoned a patent application after publishing because of spiraling costs, since then he has made another application with his new business partners in 2015 which is ...
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How to counter a pending application

Following a question that appeared here before, What are the ways to fight\counter a pending application? I know you can file a third party preissuance, but what if it is past the date of eligible ...
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Citing a Foreign Patent--How do include a copy?

So I'm including a foreign patent in my Information Disclosure Statement (IDS), and my resources tell me I need to include a copy of non-US patents. How do I do that? I plan to file via efs-web. I ...
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Can talks qualify as prior art?

I am a PhD student and recently found that a patent exists with significant overlap to my work. I.e. my situation is roughly similar to that described in https://academia.stackexchange.com/questions/...
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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 ...
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New use and area of application for old invention

If I invent something that solves a problem in a new area (an improvement to something that was only invented ten years ago), by using a technique and mechanism disclosed in old invention (something ...
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Cited prior art/patent owner notifies me that my granted patent infringes his patent

My previous statement may not be clear. So I rewrite my question: I was granted my patent. I do have cited many prior art/patent in my patent application, one of the cited prior patent owner notified ...
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What happens if there is not enough support in the specification for a continuation

I have an allowed patent application and am working on a continuation. There is material in the specification that I think supports a further development of the original invention, so I'm drafting ...
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Unable to get this patent ( number 75086) detail

I am trying to look into the patent mentioned on this Art Deco: Original années 1930 Betel motor car-art deco metal. Ebay has sold many in past bearing the same Patent number. As can be seen the ...
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1answer
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Novelty requirements for dependent claims

I think my question to follow has been in part answered in this post, but I wanted to formulate it in the context of my situation, just to be sure: Suppose that I formulate a patent application with ...
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1answer
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How Could This Patent Possibly be Granted in the Face of Public Domain Prior Art?

In reference to the patent: US9247339 This patent appears to have been granted without proper due-diligence having been undertaken to review the prior art. For well over 50 years now every ...
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1answer
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How to make patent family graph?

How to find total patent family for a given topic per year? Please provide answer with example.
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Advice for Prior Art Shared via Social Media

In January of this year I shared an image of an invention via a certain social network. I would now like to file a provisional patent to buy me some time while I see if the invention is economically ...
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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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Design Around Existing

I have been designing a device and acompanying software and recently found an extremely broad utility patent that has a claim that is very similar and covers the some of the general functionality of ...
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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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Patent search results - Prior art - Obviousness

Good afternoon all, I have had my search results back from the my patent application. The initial results show four pieces of prior art cited by the examiner. I had not included any citations ...
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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 ...
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655 views

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 ...
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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 ...
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Is Time-based One Time Password patented?

This question explains how authenticators like Google Authenticator and Authy are able to generate one-time passwords without connecting to a server. Are there any patents preventing someone from ...
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Is searching by CPC adequate while performing a patent search?

I am searching for patents similar to my product. Is performing a search on google patents using CPC adequate to find prioir art? If i do not find patents similar to my product in the search result, ...
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Well known over 50 years ago; How could it issue?

In reference to the patent: US8227460 US 2836615 is for a method for removing methylene blue from monomers Col.1 line 35 "Methylene blue is known to be a ueeful polymerization inhibitor for acrylic ...
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Basic Premise Of A Utility Patent

Isn't the basic premise of a utility patent to be unique and at the very least show innovative improvements over prior arts and usefulness in the current arts? To explain from my point of view and ...
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Claims of Patent Application WO2017168412A1 are cited from previous research papers

In reference to the patent: WO2017168412A1 The claims of patent application are all void, it is a group of replicated and cited idea from multiple published research papers The idea of using Metal ...
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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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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 ...
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Why would a patent application discuss the prior art?

As I understand it, one needs to understand the prior art because any prior art may NOT be patented. My research indicates that one should not discuss the prior art in a USPTO patent application. ...
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Will publishing parts of a provisional application jeopardize regular application based on it?

This old Science paper, among others, explains well how any public disclosure precludes patentability. How does this equation change if I file a provisional first, then publish the invention in a peer ...
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Can a company apply for a patent after they release the product?

I know that prior art deems that a patent application should be denied. However, what is the specific chain of events for a company that wants to release a product asap. Can they release product at ...

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