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.
380
questions
1
vote
1
answer
158
views
How was this patent even granted?
In reference to the patent: US20160332236
Several published articles of previous work into AM of cutting tools existed long before the application of this patent was even thought of. The "inventor" ...
0
votes
1
answer
52
views
Can I patent in spite of this existing patent with very broad description?
I want to patent my product which does something based on your proximity to it, using your smartphone's GPS.
I'm searching for existing patents, and I found this one which is about an LED light, ...
- 101
3
votes
1
answer
148
views
Are private discussions valid prior art?
Based on case law, there seem to be two contradictory tests for valid prior art when considering novelty of an invention. I would paraphrase them as:
(i) If information was made accessible and ...
- 866
1
vote
1
answer
375
views
With prior art prove, can this electroluminescent paint patent be invalidated?
In reference to the patent: US8470388
In reference to the patent: US9642212
Normally this patent should be subject to patentable subject matter, utility, novelty, non-obviousness, and prior ...
2
votes
1
answer
180
views
Schrödingers Prior art 54(3) EPC
My current understanding:
If a PCT application was filed before, but published after, the filing of a different European patent application, then the PCT application may be considered a 54(3) EPC ...
- 23
0
votes
1
answer
74
views
Does this PCT application lack novelty over an earlier filed US application?
In reference to the patent: WO2012138548A1
The current application is invalid because the application US 61/412879 was made Nov 12 2010 and is therefore in the public domain
2
votes
0
answers
25
views
How should existing software products be described in an IDS, if at all?
In an IDS for a software/computer-implemented method application, how should existing software products be documented, if at all, when the software products in question have a subset of functions of ...
- 633
0
votes
0
answers
20
views
priority dates and disclosure [duplicate]
(Apologies if my terminology is inexact, I hope people can get the drift of my question regardless of the detail).
Assume there are 2 parties, say A and B, unknown to each other.
A files a provisional ...
- 1
0
votes
1
answer
43
views
Including existing patents and non-patent prior art in a nonprovisional application
I have read and heard that known similar patents and other prior art should be disclosed in the patent application, yet I find no examples of such disclosures in the "Background" sections (or any ...
- 633
1
vote
1
answer
87
views
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://...
0
votes
1
answer
34
views
Lapsed Patent outside of US
If there is a company in the US wanting to patent a design, but there is a "Lapsed" Australian patent on a similar design, can the US company pursue a patent? A similar US patent does not exist.
- 1
1
vote
1
answer
327
views
Can I use "Unlisted" Youtube video rather than "Public" as a prior art prove
I don't want to make my video publicly visible on YouTube for everyone, especially if you haven’t applied for Provisional Patent. But I know that I have two more options there. Besides “Public” there ...
- 11
0
votes
1
answer
104
views
Why do people patent well-known ideas?
Some patents seem to be filed for fairly well-known ideas, like for example, "out-of-office email". Even large, industry-leading companies, rather than patent trolls, appear to apply for such patents.
...
- 264
0
votes
2
answers
129
views
Does claiming priority change the effective date for prior art concerning EPC §56?
Article 89 of the EPC provided that
The right of priority shall have the effect that the date of priority shall count as the date of filing of the European patent application for the purposes of ...
user18033
0
votes
2
answers
64
views
application conflict
I have proof of development and marketing of concept, in advance of conflicting application that has been filed in advance of mine. Can I use this as prior art to insure that I can still produce my ...
1
vote
1
answer
927
views
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, ...
- 35
1
vote
1
answer
97
views
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 ...
- 35
0
votes
1
answer
28
views
Need help locating the patent on the hula hoop Chanel bag (circa 2013)
I've searched the uspto.gov/patents website as well as google.com/patents and to no avail. I am new to this and I know it must exist. I would like to start a patent application on a similar item but ...
- 1
0
votes
1
answer
509
views
Different consideration for prior art based on jurisdiction(US and EP)
I'm confused what should be the prior art based on jurisdiction. Some have a grace period, but which are still prior art for others.
I am basically confused about the following points.
Grace periods
...
- 56
2
votes
2
answers
211
views
Sue patent lawyer obvious prior art
I have been working with a patent lawyer who drafted my Idea into a patent and filed the patent. The patent went through a normal process of patenting such as search, reviewing by the examiner and ...
- 21
2
votes
1
answer
66
views
Prior art suggests possibility of using a specific sensor, can my patent still use this sensor?
While researching the prior art, I found a patent filed by a large corporation and at the end of the description they say something like "an accelerometer or other sensor can be added".
My idea uses ...
- 23
4
votes
1
answer
619
views
Do you have to amend claims lacking novelty or an inventive step
If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
- 141
1
vote
2
answers
100
views
Prior art search based on non-paid databases
I am considering prior art searching (and provided results) based only on non-paid databases (Google, Espacenet, etc), as opposed to paid databases?
Would a careful search in non-paid databases be ...
- 1,282
-1
votes
2
answers
237
views
Patent Troll Alert PCT/US2016/031871
In reference to the patent: WO2016186925A1
CLAIMS
We claim:
1. A method of performing upscaling, the method comprising:
parsing an input video;
breaking the input video into individual frames;
...
1
vote
1
answer
16
views
Are inventors' prior art submissions to USPTO available?
USPTO requires inventors to submit their own list of prior art. Is this list made available anywhere?
- 11
0
votes
2
answers
120
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 ...
0
votes
2
answers
84
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 ...
1
vote
1
answer
171
views
Given prior art, is Facebook's patent on Reactions valid?
In reference to the patent: US8918339, it would seem to me that the Path (social network) had this same implementation years before Facebook.
Its been easy to find, via search engines, a number of ...
2
votes
3
answers
353
views
Can rejected patent applications constitute relevant prior art?
Pending patent applications that comprise relevant prior art should be cited in a patent application or through the search process. But what about patent applications that got rejected? Should one ...
- 21
1
vote
1
answer
129
views
How to deal with prior art with absurdly broad claims?
Suppose there is a patent with claim A that is filed five years ago. It might not be perceived as "obvious" five years ago but it is very common nowadays.
Suppose John wants to file a patent ...
- 167
0
votes
1
answer
86
views
What happens when a non-provisional patent infringes a provisional patent?
Lets say John files a provisional patent at January 2016 with claim A. Some company B decides to file a non provisional patent with the exact same claim A at March 2016, because John's provisional is ...
- 167
0
votes
1
answer
40
views
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 ...
3
votes
1
answer
145
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 ...
- 71
1
vote
1
answer
49
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 ...
- 71
2
votes
1
answer
338
views
Is a rejected patent application considered prior art under "first to file"?
Let's say Company A's patent application is rejected due to prior art, a public disclosure from Company B (made within Company B's 1 year grace period). Would Company B's very similar patent ...
rejected
0
votes
1
answer
25
views
Is there popularity (sales not income) track on a patent
If there is a patent on a certain product...and 3 yrs later a similar protuct is pattented..is there a way to see how many of the first patented product sold in the previous years..prior to the new ...
- 1
1
vote
2
answers
121
views
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?...
- 11
-1
votes
1
answer
130
views
Broad application applies to longstanding software capability
In reference to the patent: US20150058243
This application is overly broad and would presume to cover long standing job search and matching capabilities used by large providers such as Monster.com; ...
0
votes
3
answers
152
views
Invented something 10 years ago, if I change it a little can I patent it
I invented a, lets just call it a simple circuit board, 10 years ago. I sold about 2000 of these so they are in the public. The way I understand it is if you didn't patent it within the first year ...
0
votes
1
answer
108
views
Patent Application found - Prior work
a few days ago, my fellow researchers and me fell into a sort of limbo. We were and still are very sad to discover that a company filed a patent in August 2015 that has been published in March 2016. ...
0
votes
1
answer
27
views
Is this prior art or not? When a CCA-NC license precedes?
In reference to the patent: US20140120196
Isn't is called prior art when a design presented under Creative Commons - Attribution - Non-Commercial license is patented?
Even the youtube video of ...
- 1
2
votes
0
answers
384
views
Artificial Pollination of Adenium
The method of artificial pollination of Adenium has been popular in Taiwan for a long time, and there are other similar artificial pollination methods.
How can I bring my concerns to the attention of ...
- 21
3
votes
3
answers
141
views
Is there a website for sharing patent analysis together with prior art claim charts for fending off trolls?
A lot of work goes into constructing claim charts, analyzing patents, but this is done all over again in each patent litigation case. It would be great to share patent analysis data to bring down ...
- 360
1
vote
0
answers
40
views
filing a new provisional patent from a similar 70 year old provisional patent
Can a new provisinal utility patent app. be made from a similar 75 year old Utility Patent.
- 11
3
votes
2
answers
952
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 ...
- 51
0
votes
1
answer
90
views
Microsoft Modular Computing Device - Prior Art Request
Microsoft has submitted an application for a patent to the blatantly obvious idea of designing a computer that consists of independently upgradeable modules - an idea as old as the IBM PC itself only ...
4
votes
1
answer
173
views
Legal ramifications of including research algorithms in software products sold to clients
If I am a UK-based software vendor or 'software as a service' company, what are the legal implications of including academic research algorithms in products sold to European and international clients? ...
- 141
1
vote
2
answers
161
views
Can drawings alone act as prior-art for a new invention filed?
Can a drawing by itself count as prior art, or is a text description of the drawing needed as well?
For example, fig.9 of US3110626 was used against EP0030192 T204/83. Was this finding appropriate?
- 11
2
votes
3
answers
532
views
Prior art after patent granted
Can you submit a claim for prior art after a patent is issued or can prior art be used to protect a business against patent infringement ?
- 21
2
votes
1
answer
71
views
How can I contact the examiner of an application about potential prior art?
In reference to the patent: US 2014/0272639 A1
I have in the past (2010) filed and had patent application PCT/CA2009/001540 approved, which is a device which makes carbon from carbon dioxide for the ...
Related Tags
patentability × 54
patent-infringement × 31
patent-applications × 24
claims × 21
software × 21
prior-art-request × 20
novelty × 20
law × 16
international × 11
non-obviousness × 10
uspto × 9
invalidation × 9
usa × 8
search × 8
prior × 8
disclosure × 7
pct × 6
priority × 6
european × 6
pre-grant × 5
design-patent × 5
filing × 4
more related tags
Hot Network Questions
- Opportunity attacks vs unseen servant
- Does a year 1900 meeting in a Masonic Hall imply that it was a meeting of Freemasons?
- Is the absolution from priests still valid if the priest breaks the seal of confession?
- Were schoolteachers really paid substantially less than $45 per month in 1990s Ukraine?
- Can a Knowledge cleric using the Channel Divinity: Read Thoughts feature to cast the Suggestion spell be perceived, for the purposes of Counterspell?
- When did Batman first discover the existence of the paranormal/supernatural, and how did he react?
- How do I fight the 3rd to last opponent in the Colosseum?
- Draw the boundary of a polyomino given its' grid
- Discrete optimization for a simulation objective
- Adding parcel number to site when there are many sites in QGIS
- What are these buttons on the edge of my Pixel 5 / Android 13 screen and how do I remove them?
- Idea behind current mode control in DC-DC converter
- Can you buy the same ticket at a lower price if you buy it from another country?
- Do Langford squares exist?
- Pixel art from "classic" adventure games: 320x200 or 320x240?
- What power supply should I use for this 12 V peristaltic pump?
- How to interpret the 0 esimtated value in semi-log regression model
- What is the purpose of the “Comments only to the editors” section in peer reviews?
- Parentheses around negative numbers
- Does an Arcane Armor replace the legs of the Centaur?
- Why do people use MOSFETs instead of BJTs in PWM applications?
- Do mathematicians rely on senses other than vision and hearing?
- Who was the first person to fly above 20,000 feet, and what aircraft was used?
- When writing a tragic hero for a tragedy, do the readers have to sympathize with the characters?