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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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 had ...
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1 vote
2 answers
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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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1 vote
2 answers
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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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2 votes
3 answers
368 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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  • 121
3 votes
1 answer
137 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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  • 199
2 votes
0 answers
71 views

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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4 votes
4 answers
419 views

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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1 vote
1 answer
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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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3 votes
1 answer
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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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2 votes
0 answers
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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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2 votes
1 answer
126 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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6 votes
3 answers
300 views

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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3 votes
1 answer
76 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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3 votes
1 answer
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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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3 votes
1 answer
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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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2 votes
1 answer
37 views

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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8 votes
1 answer
55 views

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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6 votes
1 answer
84 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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2 votes
1 answer
443 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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2 votes
0 answers
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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2 votes
1 answer
44 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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7 votes
3 answers
265 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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3 votes
1 answer
176 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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4 votes
2 answers
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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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5 votes
2 answers
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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1 vote
0 answers
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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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4 votes
2 answers
88 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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  • 553
3 votes
1 answer
71 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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  • 553
3 votes
1 answer
79 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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3 votes
1 answer
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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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6 votes
2 answers
211 views

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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1 vote
1 answer
86 views

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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2 votes
1 answer
39 views

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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7 votes
1 answer
116 views

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 companies ...
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3 votes
1 answer
171 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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4 votes
2 answers
237 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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1 vote
1 answer
188 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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2 votes
2 answers
2k views

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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  • 553
2 votes
0 answers
55 views

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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  • 21
4 votes
1 answer
277 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 bodies ...
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2 votes
0 answers
14 views

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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7 votes
2 answers
365 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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4 votes
2 answers
596 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 ...
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  • 429
3 votes
1 answer
75 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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2 votes
0 answers
74 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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6 votes
3 answers
740 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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1 vote
2 answers
290 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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2 votes
3 answers
356 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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1 vote
1 answer
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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1 vote
2 answers
983 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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