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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556 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 ...
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1answer
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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 ...
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1answer
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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? ...
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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?
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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 ?
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1answer
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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 ...
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1answer
112 views

Can a product that is 6 years old be patented?

I am starting up a furniture company. I was working at another furniture company, but they are going out of business. None of their models had patents on them. The newest model has been being sold ...
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Can someone explain the term “commonly owned”?

As seen in a patent application, can someone please explain to a layperson what this term means? "All claims of the present invention application are commonly owned." I am having a heck of a time ...
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2answers
160 views

Prior Art on YouTube

I work for a man who has invented an "improvement" to a skateboard. He put a video on YouTube a little over a year ago, but in the video all he does is ride the skateboard as part of an "art film" ...
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1answer
86 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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1answer
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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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2answers
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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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1answer
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Are reinventions patentable?

Suppose company A invented X, but kept it a trade secret. If then company B reinvents X, either using reverse engineering, or completely independently, can company B patent it, and if so, can company ...
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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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175 views

This inventor was aware of prior art

In reference to the patent: US20150047576 This "inventor" filed an a patent application after being notified of an near exact product already on market and in many publications. We have used a ...
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3answers
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Urgent - My Patent Application received a Non-Final Rejection, Advice?

I have written a computer program which combines two patented ideas, but provides a new and much needed function, and service for that matter. Hence the big money corps stand to make from the use of ...
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1answer
40 views

Ethical problems with application

In reference to the patent: WO 2010/056908 A1 Have the researchers and applicants at Rutgers considered the problems raised in this article? This is not a discovery, but an appropriation.
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1answer
160 views

Cost to draft and file patent application in the U.S.?

I'm a non-american individual who wants to apply for patent in USA. My invention is related to energy generation. How much will it cost? Why is working with a patent attorney so expensive? Will ...
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2answers
223 views

Is the CoHOG algorithm patented?

I would like to know if the Co-occurrence Histograms of Oriented Gradients (CoHOG) algorithm is patented. A paper on it was published in 2009, and there seems to be a related patent application (US ...
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48 views

Prior publication ignored

In reference to the patent: US 6,981,040 B1 The specification of this patent seems to follow: Gio Wiederhold, "Customer Models for Effective Presentation of Information"; Position Paper, Flanagan, ...
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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 ...
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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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Canceled claims considered prior art?

If the application for US 7,156,537 B2 was rejected on two occasions during examination and two claims were canceled from the patent, then why is the figure associated with the canceled claims still ...
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3answers
303 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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1answer
130 views

Get the same patent in multiple countries

Say I am an inventor and want to maximize the protection of my invention, so I want to patent the same thing (invention) in as many countries as possible (or at least in the biggest markets like US, ...
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0answers
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Patent conflict for artificial beehive

There is a patent pending application for an artificial beehive (US 2014/0370781 A1). However, there is a very similar patent from 1939 (US 2,223,561 A). Is the newer application patentable?
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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. ...
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Can a claim be rejected if it lacks a clause that Prior Art includes?

Prior Art: A system which detects X and makes an alarm Claim: A system which detects X
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1answer
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This patent is very similar to a Tunisian patent TN2010/0509 deposed the 04/11/2010 in Tunisia

In reference to the patent: WO 2013/160573 A1 Why has the examiner has not indicated the Tunisian patent TN2010/0509 as a reference like the others?
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Patenting an invention yet in production

Suppose that I sell a service and that I haven't disclosed anything about the method/software that I use to produce the service deliverables. It happens that the service has a good commercial success ...
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1answer
111 views

Patent is illegal, open sourced decades ago

In reference to the patent: US 2015/0042260 This patent is illegal. Intellectual properties belong to HECTOR PEREZ TORRES, ARKRESEARCH, PR. It has been open sourced since at least 1999. The ...
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3answers
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What is considered applicable prior art?

I contacted an invention development company about a general idea for a new product. Shortly afterward through a simple Google search I found a product very similar to my idea being sold on internet. ...
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1answer
72 views

Prior Art, an older Provisional Application and a new Patent Application (US 2014/0091685)

In reference to the patent: US 2014/0091685. I have a provisional application with the USPTO from 1994 for this invention which has been to market already. How is it that my initial invention has ...
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1answer
29 views

Patent specification

In reference to the patent: US 2,738,257 Has the patent been granted for the complete method or for the compound mixture?
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1answer
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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1answer
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Recording a phone conversation about patentable things

On one hand, I want to conversate about useful fresh future ideas with people that have the power to patent those pleasant premises. On the other hand, given the messed-up weirdness of IP law, I want ...
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1answer
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Prior Art from 2002 for XML to XSD generation?

In reference to the patent: US20110320926 I worked on a project that became an Apache (open source) project. The functionality and methods described in this patent existed in the Apache XMLBeans ...
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1answer
79 views

How to submit prior art to contest application?

EP 2384964 A1 claims to be the foundation of split boards dating back to the early 1990's. Manufactures of Snowboards have been making woodcores with center plastic, bamboo and other impermeable ...
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1answer
395 views

File provisional patent application in India before getting published in a Journal

I want to patent an algorithm in India. I have done enough prior art and I am sure that no such algorithm exists till date. The problem is I have also written a research paper for the same and ...
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0answers
30 views

This patent attempts to copy my company software that has been in the public domain since 2005 at www.AxisPointe.com

In reference to the patent: US20120239581 This patent seems to be a copy of my issued patent 20070033108 August 5, 2005 regarding the documentation of products and components in real property. There ...
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1answer
42 views

Prior art on evaluating trust in a certification authority

In reference to the patent: US20140359280 There is prior art that has been published by myself and colleagues in D. W. Chadwick, A. Basden. “Evaluating Trust in a Public Key Certification Authority”,...
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258 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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1answer
175 views

US 8,903,797 - System and method for loading objects for object-relational mapping

I recently found the patent System and method for loading objects for object-relational mapping US 8,903,797. I develop Ruby on Rails web applications that follow the Active record pattern for Object ...
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How do I find all the newest patents that reference the following patent from 1962: US3018134

In reference to the patent: US3018134 Where can I go to find newer patents that have references to a given patent number?
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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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0answers
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how can it be that this patent will be granted? [duplicate]

In reference to the patent: WO2014140543A1 How can it be that this patent will be granted if there are: -US 20100240990 A1 (http://www.google.com/patents/US20100240990?cl=en) -CA 2692570 A1 (http://...
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83 views

How applying for patent affects my business

I am working on software patent application and planning to start the business after submitting the application. What happens if my application is rejected. Now my idea is in the open. Considering if ...
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1answer
68 views

Can I submit a new application?

If my application was rejected, can I write a new application based on the same idea, or it would be rejected because the old application was considered as a prior art?
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1answer
76 views

My old patented invention appears to be patented again

In reference to the patent: US 8,384,613 What one has to do, if this patent is not new and just gives the same idea patented in 1990? I would be grateful on an answer.
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1answer
42 views

Patenting existing non-patented concept for use against future use of said concept

A concept or [software] routine/process has been used previously, but has not been patented. If I successfully patent that concept, will I be able to claim infringement when it is used in a future ...

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