Questions tagged [us]
The us tag has no usage guidance.
2
votes
2answers
247 views
I have patent applications for the same invention in different countries. Can I choose which application to use as priority for a PCT one?
I have a US non-provisional that claims priority to a provisional one. It is not published yet but its priority period has expired. I also have a pending Australian provisional application for exactly ...
3
votes
1answer
176 views
Requirement to submit newly found prior art after Notice of Allowance or Issue Fee Payment?
In the US, a duty of disclosure to submit information material to patentability extends until the patent is granted. This means that the duty still applies after notice of allowance (NoA) and after ...
5
votes
1answer
31 views
Full Scope Non-Obviousness?
"Full scope" enablement -- i.e. that the entire scope of the claim is enabled under 35 USC 112 -- has been identified as a requirement in case law. See here. Also from MPEP 2164.08:
The Federal ...
4
votes
2answers
57 views
filling US application to PCT
I have filed provisional application in USPTO about a year ago and now have prepared non-provisional application to file in US. May I file the same application (draft) into PCT or PCT has different ...
1
vote
1answer
79 views
If I have a patent in china, can I also apply for a US patent?
My Chinese patent is good for another 5 years. Can i apply for US patent in the meantime if i plan to sell the product in the US?
1
vote
1answer
50 views
Combination of dependent claims
According to decision T 1857/07 (2.4.2) of the EPO boards of appeal, a combination of dependent claims (e.g. 2 and 3) that are both/all dependent on the same independent claim but not each other is ...
2
votes
1answer
27 views
Multiple references US vs EU
In the EU its customary to have claims like
Method for...
Method from claim 1 plus ...
Method from claim 1 or 2 plus ...
... (only dependent claims here)
Method from one of the previous claims plus ...
0
votes
2answers
28 views
0
votes
1answer
26 views
Drawing not available and PDF not available
In reference to the patent: US20150244345
Why are the drawings not uploaded? In this patent, PDF is not available to see or download.
2
votes
1answer
42 views
What is the current thinking about inclusion of a “Field of the Invention” section?
A "Field of the Invention" or "Technical Field of the Invention" section has been seen in fairly recently-granted patents, but not always. I have read advice that it's better not to include such a ...
2
votes
1answer
135 views
US patent application based on the contents of Chinese patent applications
I have some patent questions related to several Chinese patent applications, which belong to my company (US company) and a Chinese company. I asked the Chinese company with my company to file a US ...
0
votes
1answer
35 views
Including existing patents and non-patent prior art in a nonprovisional application
I have read and heard that known similar patents and other prior art should be disclosed in the patent application, yet I find no examples of such disclosures in the "Background" sections (or any ...
0
votes
1answer
44 views
Can I patent a process in US being from another country?
sorry if this question is too stupid or something, but couldn't find the answer anywhere.
Basically, there are 2 (conditional) questions in one:
1. can I file to patent a process in US?
2. if so: ...
5
votes
2answers
77 views
If an individual had a role in “correcting” my mistakes/work, do they have rights to my idea(s)?
Say I had a design/concept presented to an expert, and that person had analyzed and discovered a mistake in my work, then I proceeded to solve that problem. Do they have rights to my idea? Claiming ...
3
votes
2answers
129 views
When exactly do you lose the provisionals priority?
After reading some previous questions about provisionals, especially from inventors wanting to write them themselfs and consult an attorney only for the non provisional, I was wondering, how much do ...
9
votes
2answers
741 views
Repatenting someone else's dropped provisionals
My question is, can anybody provide any part of the US patent law proving or disproving the statement that:
Dropped and unpublished provisionals do not impede novelty of other inventions?
And how ...
0
votes
1answer
86 views
What does it mean to 'recapture' information from a PCT application?
We have filed a US patent application for use of our tech in/on/attached to a laptop. However, we now want to adapt this filing to claim the use of this technology built-into a laptop. A subtle change,...
0
votes
1answer
154 views
Explanation if patent is granted or pending
I am not a US citizen and I'm not fit into all these bureaucracy and complex names.
How can I know if this patent was granted?
Publication number US9117231 B2
Publication type Grant
Application ...
1
vote
2answers
61 views
Is there a patent litigation damages threshold for a legal case to be accepted?
Is there a damages threshold below which a US judge would not accept a patent litigation case? Let's say defendant demonstrates that plaintiff would at most get 10k $ in damages in questionable patent ...
4
votes
1answer
148 views
What patents do I need to buy or lease to make and sell an electric guitar to the public?
I want to make and sell my own electric guitars. However, I have not invented the instrument, nor was I the inventor of any of the major advances in the field. However, I have some changes (mostly ...
2
votes
1answer
78 views
Possible US court sanctions over EU company in software patent infringment case
What are the possible sanctions from US court if a EU company decides that continuing software patent litigation is useless but is not willing to make a deal with accusing party. In other words ...
1
vote
1answer
5k views
What is a CRM (Computer Readable Medium) claim?
(ref: this question, George White's answer)
I'm writing a software patent that includes a system and a method claim. I've heard of something called a CRM (Computer Readable Medium) claim, but am ...
