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
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3
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115
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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 ...
2
votes
0
answers
269
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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 ...
- 121
1
vote
2
answers
181
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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" ...
1
vote
1
answer
105
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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 ...
1
vote
1
answer
84
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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
- 11
3
votes
2
answers
323
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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 ...
user15342
1
vote
1
answer
74
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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 ...
- 264
2
votes
1
answer
238
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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 (...
4
votes
1
answer
185
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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 ...
- 41
3
votes
3
answers
1k
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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 ...
- 31
1
vote
1
answer
42
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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.
2
votes
1
answer
167
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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 ...
3
votes
2
answers
226
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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 ...
- 31
3
votes
0
answers
54
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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, ...
30
votes
2
answers
6k
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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 ...
- 401
1
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2
answers
4k
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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?
- 11
1
vote
2
answers
110
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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 ...
- 11
2
votes
3
answers
375
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 ...
- 121
3
votes
1
answer
143
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, ...
- 209
2
votes
0
answers
71
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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?
3
votes
4
answers
432
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. ...
- 31
1
vote
1
answer
46
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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
- 287
3
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1
answer
33
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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?
- 31
2
votes
0
answers
20
views
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 ...
user8305
2
votes
1
answer
127
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 ...
- 21
5
votes
3
answers
302
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.
...
3
votes
1
answer
77
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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 ...
3
votes
1
answer
55
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?
- 31
3
votes
1
answer
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 ...
- 312
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 ...
- 23
8
votes
1
answer
57
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 ...
6
votes
1
answer
85
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 ...
- 61
2
votes
1
answer
448
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 ...
- 23
2
votes
0
answers
31
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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 ...
- 21
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”,...
6
votes
3
answers
267
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’...
- 93
3
votes
1
answer
176
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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 ...
- 133
4
votes
2
answers
2k
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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
314
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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
- 61
1
vote
0
answers
12
views
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://...
- 61
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 ...
- 543
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?
- 543
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.
- 31
3
votes
1
answer
43
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 ...
6
votes
2
answers
215
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.” ...
1
vote
1
answer
90
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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?
- 403
2
votes
1
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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 ...
- 123
7
votes
1
answer
119
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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 companies ...
John Brown
3
votes
1
answer
173
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 ...
3
votes
2
answers
254
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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.
Related Tags
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patent-infringement × 31
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prior-art-request × 20
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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
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