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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
ehh hhh's user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
Joebevo's user avatar
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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 ...
RobertRobert's user avatar
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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. ...
Matt Anderson's user avatar
2 votes
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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 ...
Oika Rich's user avatar
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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 ...
Maurice's user avatar
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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 ...
KAE's user avatar
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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 ...
Creativity Overflow's user avatar
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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 ...
Creativity Overflow's user avatar
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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 ...
PedulliF's user avatar
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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 ...
Pacerier's user avatar
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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 ...
Thomas's user avatar
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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/...
Bear Bile Farming is Torture's user avatar
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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?
Bear Bile Farming is Torture's user avatar
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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?
Bear Bile Farming is Torture's user avatar
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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?
Bear Bile Farming is Torture's user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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 ...
Pa_'s user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
picibucor's user avatar
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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 ...
Rahul Gopinath's user avatar
1 vote
1 answer
146 views

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 ...
Bear Bile Farming is Torture's user avatar
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1 answer
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Does adding an Applicant's other patent as prior art to a nonfinal first office action in response to a claim rejection require a reexamination?

If I add my recently issued patent as an argument or citation for patentability and non-obviousness in support of a claim rejection on a nonfinal first office action, will the patent have to go ...
Helmuth Bachmann's user avatar
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Prior Art consideration

Case 1 - data are taken from 'A', an element known to prior art; said data are processed (a novel process) and results are useful for field 'B' to the extent that they meet part of its requirement. ...
AD Adhikary's user avatar
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Can it be patentable?

Lets say, there is prior art PA whose claim is a method comprising steps A -> B -> C -> D. The method is used in a complex system S, as a part along with many other different components of ...
Sazzad Hissain Khan's user avatar
1 vote
1 answer
44 views

Prior art and claim

If one writes the main claim by using a classifying part and a characterizing portion of this claim, then the classifying part reflects the known prior art or its features and the characterizing part ...
Ben's user avatar
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2 votes
1 answer
108 views

What will happen when a patented prior art is found after the patent is granted?

What will happen when a prior art is found after the patent is granted? A patent P was granted by USPTO and after the patent is published, a prior art PA of the P is found. Now what will happen to the ...
Sazzad Hissain Khan's user avatar
2 votes
1 answer
53 views

Can ML applied on an existing idea be patented?

Can ML applied on an existing idea be patented? Lets say there is a prior art patent P whose claims C cover the methodology steps S. Now the P did not claim any ML (machine learning) approach in their ...
Sazzad Hissain Khan's user avatar
0 votes
2 answers
67 views

Can you patent in a futuristic idea with great detail

Like a space industry idea for AI are in an immortality idea etc using a pre vision patent and a great detail but not a physical product yet then license it to companies are super AI concepts or idea ...
Kholemontaga's user avatar
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2 answers
64 views

Can specialization of a prior art be patented?

Can generalization of a prior art be patented? Let's say a prior art X exists claiming for only system A, B, C. Now I have come across an idea of making the prior art idea applicable for A~Z with some ...
Sazzad Hissain Khan's user avatar
0 votes
3 answers
56 views

How to open source a technology and patent a derivative system simultaneously?

For example, let's say you invented Git. And you want to make Git completely open source. But at the same time you want to build GitHub, and patent GitHub. I assume you first have to write a patent ...
Vlad's user avatar
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1 answer
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How do divisional patent applications work?

Is it possible to file a divisional patent for an embodiment briefly described in a granted (own) patent which does not have a specific claim for that embodiment? Is there a time limit that you can do ...
PCT-user's user avatar
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2 answers
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Can I patent the same embodiment with one functional difference?

Let's say there is a patent for a gear covered in gasoline where the gasoline is explicitly mentioned to be used for the lubrication of the gear. Can I patent the same gear covered in gasoline ...
PCT-user's user avatar
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How can I estimate the level of freedom to operate?

If a medical device has been patented which mentions in the first claim, a particular material for specific reasons and I manage to patent the same medical device which mentions in the first claim, a ...
PCT-user's user avatar
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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 ...
PCT-user's user avatar
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1 answer
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What is the prior art date of a cancelled yet published PCT?

If I cancel my now published PCT, I understand it will be prior art since it is revealed to the public domain. However, what will be the date that this cancelled published PCT will be considered as ...
PCT-user's user avatar
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1 vote
2 answers
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Hi there, looking for prior art searchers who would be open to try a new non-commercial prior art search tool and share their feedback!

Before I tell more about the tool, it's developed by my colleagues, my role is to collect feedback from beta users and share it with the development team to improve the tool. Also, the tool is a work ...
Aditi Syal's user avatar
1 vote
1 answer
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How much can you change a PPA when converting into a Non-Provisional such that you will be able to keep the PPA date? [duplicate]

Concerned with PPA “converting” to Non-Provisional I am in the process of drafting up a software Provisional Patent Application. I have an issue in that there are parts of the system that require ...
Sam Parker's user avatar
-1 votes
1 answer
76 views

Patenting an invention already sold as a toy in Japan [duplicate]

Quite awhile back I came up with an invention, or I read about it somewhere even longer ago and didn't come up with it myself. At any rate it's already in production in the form of a toy in Japan. ...
Peterr de Vries's user avatar
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1 answer
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What extent of prior publication prevents patentability?

After winning a competition, the content of my submission was posted publicly. This involved: General descriptions of features of the product (e.g.allows for remote monitoring through an ai-camera). ...
user avatar
0 votes
1 answer
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Prior art for US2020233384A1 which applied reinforcement learning to wind turbines

A patent, US2020233384A1, has been filed which applies reinforcement learning to increase power from a wind turbine. It's ancestor is a Japanese patent JP2019006968A·2019-01-18. This was filed in ...
John Smith's user avatar
0 votes
1 answer
50 views

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 ...
pffelix's user avatar
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1 answer
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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 ...
user avatar
1 vote
3 answers
141 views

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 ...
Carlos Melo's user avatar
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2 answers
131 views

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 ...
Yetoo's user avatar
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