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
189
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?
- 31
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 ...
- 543
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 ...
- 21
4
votes
1
answer
278
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 ...
- 41
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?
- 21
7
votes
2
answers
380
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 ...
- 71
4
votes
2
answers
609
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 ...
- 419
3
votes
1
answer
76
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 ...
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, ... ...
- 121
6
votes
3
answers
749
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 ...
- 61
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 ...
- 11
2
votes
4
answers
364
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 ...
- 21
1
vote
1
answer
55
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?
1
vote
2
answers
1k
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 ...
- 13
0
votes
3
answers
97
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 ...
2
votes
0
answers
194
views
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 ...
2
votes
1
answer
283
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 ...
1
vote
2
answers
139
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 ...
- 21
2
votes
1
answer
139
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 ...
- 21
0
votes
3
answers
82
views
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. ...
- 543
1
vote
2
answers
529
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 ...
- 21
0
votes
2
answers
123
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 ...
- 135
2
votes
2
answers
148
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 ...
0
votes
1
answer
58
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 ...
- 13
1
vote
0
answers
58
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 ...
- 111
0
votes
2
answers
112
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&...
- 111
2
votes
1
answer
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 ...
2
votes
2
answers
84
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 ...
- 21
1
vote
1
answer
131
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 ...
- 11
-1
votes
1
answer
36
views
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 ...
3
votes
1
answer
104
views
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 ...
- 133
1
vote
2
answers
115
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.
- 11
0
votes
4
answers
7k
views
Is Article One Partners a scam?
Is Article One Partners a scam or not? See this for two conflicting opinions.
- 177
0
votes
1
answer
218
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 ...
1
vote
4
answers
217
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 ...
- 281
0
votes
2
answers
108
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 ...
- 1
1
vote
1
answer
93
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 ...
0
votes
1
answer
71
views
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 ...
- 7
2
votes
2
answers
490
views
Is RFC 1034 Prior Art for US 6,199,048
I've seen in the news that US Patent 6,199,048 has been upheld several times in disputes over the use of QR Codes with URL shorteners (or QR Code "clearinghouses").
Reading the claims of 6,...
0
votes
1
answer
91
views
US2009/0183782 is the same as US2014/0048148, is that allowed?
I came across two applications for the same thing, are you allowed to do this. Wouldn't the 2009 be considered prior art?
- 1
3
votes
2
answers
287
views
Canadian and intl patent application-in-process beat me to it
I had an idea for an invention. I found nothing similar on uspto.gov. Then I discovered Google Patents. I immediately found that someone from Canada is filing a patent for the same invention on the ...
- 31
1
vote
1
answer
142
views
What is the best way to bring a relevant 102 prior art reference to an examiner for a published application?
I found non-patent literature in the form of a letter to the editor correcting a review article. The correction is on point as 102 art for a currently pending published application which is being ...
- 133
2
votes
1
answer
272
views
Would this application be invalidated by a youtube video showing the same invention 5 months earlier?
So this patent was filed September 11, 2013. There are two Youtube videos describing the same invention from April 2013 from two different people:
https://www.youtube.com/watch?v=XSSvqpBLhGM
https://...
- 21
2
votes
1
answer
447
views
This patent plagiarizes prior art. Why does it still exist?
Patent: http://www.google.co.uk/patents/US20070233477
Prior art: http://encode.ru/threads/256-Spec-for-portable-PAQ?p=4703&viewfull=1#post4703
"...The text of the patent is directly plagiarized ...
- 123
3
votes
1
answer
218
views
Is Robocasting Development in Ceramic Multimaterial Deposition Prior Art? US20100327479 A1
Is the following document "Robocasting Development in Robocasting of Ceramic Multimaterial Deposition" Prior Art?
As it seems to cover the same points as patent US20100327479 A1 but was published ...
0
votes
1
answer
280
views
It seems this is being used by major companies. How broadly or narrowly are patents interpreted?
I was briefly looking at the patent 8438081 (Methods and Systems for Online Shopping) and don't quite understand its applicability. There are numerous successful companies that seem to have ...
4
votes
2
answers
265
views
Potential prior art document has 1 common inventor & was published a month before patent app. Prior art?
OUR APP: A US patent application, whose provisional date is Apr. 8, 2004. Assigned to Motorola. Has 5 inventors, A - E.
I received a 103 rejection citing PA1 and PA2.
PA1: A document published in ...
- 41
2
votes
0
answers
47
views
Help finding prior art for US13/135,467 (3D computer graphics object and method)
This application (US13135467) is attempting to patent a broad concept of defining "templates" of graphical objects using natural language text: https://www.google.com/patents/US20130009944
Not only ...
1
vote
1
answer
76
views
Submitting prior art when patent application number is not known
How can I submit prior art to the USPTO when I do not know the patent application number? There is a competitor that I know is trying to patent an invention that is partially based on my prior art. Do ...
3
votes
1
answer
189
views
Public disclosure, then patent filing?
Would publishing an idea to an invention (on the internet) act as a prior art with a priority date in a later fild patent application? For how long such protection lasts?
For example, if someone has ...
- 31
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
- Brain ship decides to restart the human race
- Does an Arcane Armor replace the legs of the Centaur?
- How can I copy arbitrary part of binary file with reasonable speed?
- Selling part of my land to neighbor
- What do I do if I'm unqualified to referee an article?
- Has the word/name Beelzebub ever had a diaeresis?
- Can you buy the same ticket at a lower price if you buy it from another country?
- If TikTok is banned, how exactly could it be enforced?
- Why do people use MOSFETs instead of BJTs in PWM applications?
- Windows File server heavy cpu usage - Render Farm with many clients reading data at once
- Apply ReplaceAll to a whole notebook
- Is the minimal volume a topological invariant?
- Is the meaning of "Either latitude or longitude need to be provided!" exclusive or inclusive?
- Single-supply non-inverting op-amp for summing DC voltages at unity gain
- Is this yellow substance a fat deposit, and is it ok?
- How many xor'ed waves?
- How to interpret the 0 esimtated value in semi-log regression model
- How can I run my calculations on a remote server?
- Why use a RAT when engines can windmill?
- Solving subset sum via the LLL algorithm
- B. W. Jordan's thesis on arithmetic of Shimura curves
- what causes satellite orbit to decay
- Can the ideal gas law be rewritten to include the entropy instead of either temperature, pressure, or volume?
- What power supply should I use for this 12 V peristaltic pump?