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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us7795768 - Patenting something already used elsewhere

This patent is for putting a gear on a spindle shaft. This has been done in automobiles, airplanes and machines for years. Putting a gear with spindle spacing on the inside and actual gears on the ...
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2answers
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Patent: 13/082,294 : “Rest detection using accelerometer” - too obvious to be patented?

This question is about the patent Rest detection using accelerometer (application 20120259578 filing date: April 7, 2011). As per my understanding the patent talks about using the Accelerometer ...
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1answer
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Is this prior art worth submitting to debunk patent 8108092?

Patent 8108092 entitled "Autonomous behaviors for a remote vehicle" states a rather broad method for commanding a retrotraverse behavior for a mobile robot. This concept is far from new and conceived ...
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Generic Learning Management System Claims

I am surprised to see the claims made in US patent 6544042. There are multiple open-source LMS and proprietory apps that help administer online tests. Can the claims in this learning express claims co-...
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1answer
307 views

Can a patent with a common assignee to a patent application not be used as prior art against the patent application?

This question answers whether a prior patent application can be used against a newer commonly owned patent application, but my question is what situations (if any) exist where a prior publication, or ...
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Prior Art for Onsite backup for internet-based data processing

Our startup is trying to provide a backup solution for Google Apps for your domain. In principle it's a software running on the client computer. Our software then connects to Google via APIs (GData) + ...
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1answer
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Are any of these protein stabilization papers prior art for this patent?

MUTANT G-PROTEIN COUPLED RECEPTORS AND METHODS FOR SELECTING THEM Patent application 12/450,358 filed Mar 20, 2008 Here is an example of engineering mutants to give better thermostability of a ...
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0answers
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US 2011/0107630: waterfall flip-book cards

Patent application US 2011/0107630 claims a type of flip book greeting cards. Here is claim 1: 1. A greeting card comprising: a multi-panel greeting card body; a flip book panel ...
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1answer
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How does Apple's patent differ from Microsoft HEL?

How does the patent application US 2011/0037768 “System for Emulating Graphics Operations” filed by Apple (filing date Oct 15, 2010) differ from Microsoft's DirectX/DirectDraw HEL (Hardware Emulation ...
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Are patents which are dependent on prior inventions valid?

Example: PersonA files a patent, such as a gesture, which depends on a touch screen. PersonB holds the patent for touch screens. PersonA is therefore patenting a use for touch screens. PersonA's ...
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2answers
239 views

What is the specific innovation in patent US 2010/0091396 (afocal optical concentrator)?

US patent 2010/0091396 “Afocal Optical Concentrator”, filed 2009-10-08, claims: An optical concentration and collimation system, comprising: A. a concave parabolic trough as a primary ...
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3answers
524 views

Can forum/wiki postings invalidate a patent that was granted at a later date?

I have lots of ideas and, not expecting them to be unique or profitable (or knowing how to profit from them), I discuss them online, expecting the information to be helpful to others or expecting ...
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Can 'my own' published application be used against 'my newer application' on the ground of 'prior-art'?

We have applied for a patent, it is published by 'PATENTSCOPE' of WIPO 7 months ago. It is presently with the International Preliminary Examination Authority (IPEA). The basis of invention is ...
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1answer
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US 2012/0254255: automatic diary

I've been looking for prior art for a Samsung patent application KR 10-2011-0029154, published as US 2012/0254255, priority date 2011-03-31. Just 2 hits off the first 10 for a google search on "...
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1answer
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Can some explain “inter partes review” and “ex parte reexamination”?

Can someone explain what "inter partes review" and "ex parte reexamination" are when challenging patents with prior art?
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Over time, which patent legislation applies, current or past?

Let's imagine a patent is filed in 2003 and later approved by the USPTO. Let's imagine someone wants to challenge it with valid prior art (year 2000 for example). Which legislation applies? The one ...
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3answers
759 views

If a patent has been issued, can it still be invalidated by prior art?

Assuming the invention disclosed in a patent issued by the USPTO has been described in a book two years before it was submitted, can this patent still be invalidated by this prior art? If yes what is ...
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What is a continuation patent?

I understand that a continuation patent builds upon an existing patent (or application) by the same inventor. However, I find some aspects to be murky and prone to misuse. Specific questions follow: ...
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4answers
335 views

Would a graphic design project constitute as prior art?

Back in 1998 when I was going through my GCSEs (high school) I took graphic design and two of my projects were: a phone, and a car. My phone concept I believe (if it was valid), would be a good ...
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1answer
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How can Apple patent flexi screens?

According to my reading of http://techcrunch.com/2012/09/27/apple-patents-in-screen-speakers-flexible-displays-and-tactile-keyboards-for-future-iphones-and-ipads/, Apple patented flexi displays. How ...
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Can a master's thesis be used as prior art?

I wrote software in 1973 under Federal grant for my MS. While studing at CWRU, one of the early ARPA net sites, I wrote graphics display software for Project LOGOS, a government supported effort and ...
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358 views

Prior art for compiler supporting programs as data objects

Microsoft has patent application 2011/0246973 which sounds suspiciously like Lisp. Here's claim 1: 1. A computer-readable medium having computer-executable instructions that when executed by a ...
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8answers
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Can a sci-fi technology be submitted as prior art?

In response to a question related to multi-touch user interfaces this answer states: Prior art as published Multi-touch computer pads were used throughout the television show Star Trek: The ...
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4answers
873 views

Do USPTO examiners search open-source codebases?

I have read many patent prosecution histories (on PAIR), but have never seen one that references an open-source codebase as grounds for a rejection. Instead, examiners have a tendency to rely heavily ...
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7answers
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Could Apple's recent patents be based on prior art?

Some of Apple's patents, I am pretty sure are based on Prior art some of these include: Patent US 7844915. Here is its claim 1: A machine implemented method for scrolling on a touch-sensitive ...
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2answers
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Here is what I see as an invalid patent. US6563040

I demonstrated a solar tracking mount I built at a Renewable Energy Fair, MREA Midwest Renewable Energy Association. in Custer. Wisconsin. Several thousand people saw it on or about June 21st 2001. A ...
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Would software written in a country without software patents constitute prior art in the USA?

If I write an application here in Europe, where we don't have software patents, would an American company be able to apply for a US patent on a technique or algorithm used in the application? What ...
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Prior art for new treatment for anxiety disorder

Consider this WIPO: METHODS FOR TREATING SOCIAL DISORDERS and its current 3 entries at national levels: #US20110027765 -> Reviewer has requested some changes in the claims but it's going forward. UK: ...
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3answers
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How do we check if a patent already exists for our idea?

The idea in question is for a gardening tool.
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5answers
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Prior art for double-tap to zoom in a structured document / web browser

Apple has patented (US7864163) the behaviour in Mobile Safari whereby double-tapping zooms in just enough to fit on the screen the particular box of content that was tapped. A computer-implemented ...
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1answer
706 views

How specific must prior art be to invalidate a patent?

Following on from #191, I looked at http://www.google.com/patents/US8082501. - "System and method for enabling users to interact in a virtual space" This was granted in Nov 2009 and claims: 1. A ...
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555 views

Prior art for Dual Air Drying Arrangement

Many people in the commercial vehicle industry use a "twin" air drying arrangement. Patent #us8118911, originally filed Nov. 10, 2006, and was granted on Feb 21, 2012, seems ridiculous to me. For ...
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What is the layman's definition of 'prior art' in the US and other countries?

Every now and then I hear and read about 'prior art'. Is that a US specific thing or is a global thing regardless of where you are based in, if and when wanting to apply a patent. Any answers would ...
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969 views

Does prior art need to cover all claims in a patent application in order to invalidate it?

If there are several Claims in a patent application, can prior art for one of them invalidate the entire patent application since all the other claims are dependent claims? Or does that just mean the ...
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2answers
855 views

Can the non-obviousness of an invention be challenged if the difference to prior art is only the mathematical-statistical approach?

TL;DR Given a patent application describing a calculation using a maximum likelihood approach, and a piece of prior art that has the same goal but uses Monte Carlo simulation, is this sufficient to ...
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5answers
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Prior art for Vehicle Air Conditioner

Patent application #20120222429 claims: A vehicle air conditioner for a passenger compartment of a vehicle, comprising: a power source for driving the vehicle; a radiator provided ...
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3answers
1k views

What is the window for finding prior art on a patent application?

I know that patents are not part of the public purview until months or years after the patent application is filed. Once these patent applications are made public, for how long can I submit prior art (...
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10answers
6k views

Microsoft have submitted a patent for a whack to silence a phone ringer. How similar does prior art have to be?

Microsoft has filed for a patent on a new technique that allow users of mobile devices to silence them by delivering a firm whack. From The Register: Patent application 20120231838, aka CONTROLLING ...
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2answers
852 views

Is use in foreign countries a bar to patentability?

If an invention is in use in a foreign country, but it is not patented in that country (or any other countries), and it is not the subject of a printed publication anywhere, could that invention be ...
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4answers
788 views

Can a granted patent be deeded to the public?

Please note, I'm not speaking in the context of a land patent, I just could not think of a better word than deed. Let's say that: I have a concrete implementation of something that can be patented I ...
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4answers
643 views

Is there a way to achieve protections similar to “Copyleft” under the patent system?

I have heard about "Copyleft" and was wondering if there is an equivalent for works which fall under Patent law rather than Copyright law. Specifically, is there a way I ensure that someone cannot ...
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Can a YouTube video be submitted as prior art?

I'm trying to determine whether there is evidence that definitively confirms that a YouTube video can be submitted as prior art. If there is an example of one being used as the grounds for rejecting ...

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