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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2answers
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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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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2answers
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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?
3
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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
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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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2answers
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Does my past work qualify as prior art for US20140272267?

In reference to the patent: US20140272267 I am writing this in response to a recently filed patent application US 20120272267 A1; titled “Trauma Reduction without Ballistic Performance Reduction.” ...
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1answer
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If a business plan is implemented does it become prior art?

Does a business-method become prior art once it is implemented?. Is there a grace period of 1 year from implementation to filing the patent?
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1answer
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How to find patents for endoscopic capsules?

There is an incredibly useful device that is used in capsule endoscopy. I am curious to know whether such a device is already patented, as they cannot be purchased and neither do I have physical ...
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1answer
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What is the relationship between US20080195499 and Bitcoin?

In reference to the patent application: US20080195499 We found a patent that seems to cover sending and receiving funds via Bitcoin. I'm curious of how this might affect Bitcoin and existing ...
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1answer
164 views

An obvious prior art… mobile phone

Shouldn't an obvious prior art of this claim be any smart phone / mobile phone with video screen, speaker and a port which load images for display? What is claimed is: An electronic media ...
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2answers
226 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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1answer
183 views

Mobile App Patent

I would like to know, if a basic search of patent database will give me an idea on whether my idea is patent-able? or I need to perform any specific patentiblity search?
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Can I provide online prior art reference in my application

My invention is a better solution to existing problem. There are a few other patents and publication that tried to solve the same problem, but as far as I know none was implemented. Only known to me ...
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0answers
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Applicability of prior art for WO2014081967A1

In reference to the patent: WO2014081967A1 The commercial product described in the following presentation, by TEL, (see link below) appear to describe a system with many, if not all of the claims in ...
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1answer
259 views

Planet Labs Satellite Constellation Patent

This is the patent that Planet Labs, Inc. holds for a constellation of satellites: US20140027576 It only contains a single independent claim: A system for use in spatial imaging of planetary ...
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0answers
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Query on existing SDP attribute related to this patent

In reference to the patent: US20120195235 How is this different from existing SDP attribute "a=lang" as given in RFC 4566?
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2answers
309 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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2answers
553 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 ...
3
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1answer
69 views

A US patent very similar to a Spanish patent

In reference to the patent: US8336498 This US patent describes a system very similar to a system patented in Spain. When the applicants wanted the same system patented in the EU it was discharged due ...
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0answers
72 views

Is US20110252845 really novel?

US20110252845 does not seem novel to me. Possible prior art: http://www.adaez.com/files/yalepress.pdf (Designing a Door Energy Harvesting Device, 2010, Joey Brink, Ryan Carlisle, Kenny Leveille, ... ...
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3answers
700 views

Can a prior publication by the inventors themselves defeat novelty?

I had published an article in a journal about an invention I was working on with my co-author. Now that we have been able to finish our project and came up with the drug, we want to apply for a patent ...
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2answers
283 views

How is this patent different from existing long term online forums, email lists and the like?

It is always hard to weed out of patent-speak what is really going on, but on the surface, as I read the claims, I keep thinking "are we not already doing that?". Maybe there are people who could ...
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3answers
352 views

Inventor improves own Patent issued 8 months ago

Inventor files new patent improving his own work in recently issued patent; uses novel new components and some existing components, can prove advantages. In the original patent issued inventor used ...
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1answer
54 views

When I reference a patent, do I use the Asignee or Inventor if they are not the same

When I write my own patent, I have to reference someone. Do I use the inventor or the assignee when referencing patents?
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2answers
894 views

Examiner's search for prior art. Does it include non-published applications and patents younger than the priority date?

I have two questions regarding the functioning of the patent application examination process. Hopefully someone can shed some light. If a patent application has been filed but not yet published, does ...
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3answers
94 views

Submitting prior art against US patent application

Reference to US20140134731 I think the Patents office is slipshod or very keen on encouraging pirating and patenting of indigenous knowledge. There is NOTHING unique or special requiring any exercise ...
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0answers
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Patent WO 2014122535 A2 (US 14/172,685): User Interface, prior art exists

I studied this patent (pending) and it seems obvious to me that prior art apply on: System for organizing and displaying information on a display device WO2014122535A2 US20140223313 Application ...
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1answer
266 views

Nintendo's recent emulation patent: why?

This particular application is all over the news today: HAND-HELD VIDEO GAME PLATFORM EMULATION I'm approaching this out of sheer curiosity. It is my understanding that emulating other hardware is a ...
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2answers
135 views

New invention covered by claim of other invention

Suppose a patent application is filed, claiming a method+device that solves some problem. In the patent text it is written that the method can solve A & B, but it explicitly mentions that it ...
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1answer
114 views

Don't these wheels and hubcaps already exist?

Don't the turbofan wheels oultined in US20140191565A1 already exist from the 1980's, if not before then? If I do a simple image Google search for "turbofan wheels" I get examples of wheels and ...
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3answers
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Knocking prior art, is it necessary?

I am working on software process patent. There is a significant body of prior art, which I believe is inferior. But proving that would require to go into a lot of technical details of prior art. ...
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2answers
518 views

Filing a second patent after a first one

I know that when I file a patent application, a research will be done on novelty. This research covers (theoretically) all known publications, existing patents and applications up to the date of ...
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2answers
102 views

PCT and Prior Art

Let's say I file for a PCT (or even a US/EU/China Patent) And then I advertise about my technology on my website, way before anything is granted (including details) Does this count as prior art and ...
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2answers
139 views

Isn't this invention half-century old?

The patent us 2010/0073978 is clearly NOT an invention of a German company. To see how it had been used in volt meters in 1998, visit: http://www.chipinfo.ru/literature/radio/199801/p29.html To have ...
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1answer
51 views

Possible to include information in patent application refuting similar patents ahead of time?

The title is mostly self explanatory, but I have never been through the patent process before. I have a specific concept for a piece of software that fits the criteria of someone else being able to ...
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0answers
55 views

Is the following claim 1 from patent (old lapsed patent A) considered prior art for the following patents & application(patents 1-4)?

possible prior art(old lapsed patent A) Active patent #1 Active patent #2 Application patent #3 I am curious as to how the new patents were able to get approval on their claim 1 when it is very ...
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2answers
107 views

A active US patent has claims that are very similar to a lapsed older Patent?Does this negate the newer patent claims?

The two patents in question are the following: the claim 1 is the one that is similar (new one) https://www.google.com/patents/US20130032594?dq=ininventor:%22Jeremy+Smith%22+active+cover+plate&...
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1answer
151 views

Ortery Technologies Object VR turntable claims

There are at minimum 12 manufactures currently producing and selling systems identical to what Ortery Technologies, Inc. has listed in its claims (US20070172216). There are current systems on the ...
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2answers
81 views

USPTO Citation referring to a dysfunctional invention

Earlier this year I submitted a utility patent application at the USPTO in respect of a manual cutting device for which I recently received the first Office Action. The report of the examiner includes ...
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1answer
125 views

Art from US Patent prevent patent in other countries?

My design patent was filed on Jul. 19, 2013, in the United States. I received some bad advice and did not file for an EU patent (huge market potential for my product there.) So I was wondering, if ...
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1answer
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EP 1544461A1 , A questionable modified prior art,

When this application first published on Google? The published application on Google is identical to published on EPO, and both are greatly different from what is on reputable USPTO, which cited the ...
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1answer
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Can a patent still be granted with many prior arts (ref citatations/isr etc )?

Phrased another way, how weighted/important are the prior arts when a patent application is filed? If someone, or an internal search report shows many possible reference citations (is this the same ...
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2answers
112 views

Where can I view this patent application?

This blog post says that this patent has now been filed. Can I view the patent on a database anywhere? I'm going to attempt to look for prior art.
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4answers
6k views

Is Article One Partners a scam?

Is Article One Partners a scam or not? See this for two conflicting opinions.
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1answer
214 views

Isn't IM an example of prior art in US6463131

This looks like a patent written in 2000 by someone who never lived through the 90's -- AIM and Yahoo IM and all of those are classic examples of applications which would fill this for prior art. As ...
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4answers
198 views

Do I need to search for patents which are not yet published?

I am doing prior art searching. I want to to know whether I need to search for patents which are not yet published. If so, how do I do this? A related question is: Can I search all patents which are ...
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2answers
104 views

Patent us8686880 No checking of prior art or obviousness to a practioner

How can a patent be granted for Standard industry practice for the last 20 years - For example the Livechart format that uses the exact same method for both proprietary cell/chart/map data and ...
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1answer
91 views

Randomized distributed network coding - Date for prior art?

Patent US 7706365 B2 has, according to Google a priority date of date of Nov 25, 2003. I found a paper containing the invention described in the patent presented by the authors of the paper in a ...
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1answer
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I released a product based on my PPA, should I mention it on my regular PA?

I filed a PPA for a product in June 2013. I publicly disclosed the product in December 2013 by releasing the product online (via a website and Amazon.com). I'm filing the regular patent application ...

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