Questions tagged [us]

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Does the number of a feature play a role?

Does the number of (embodiments) of a feature play a role? Let's consider a chair: The prior state is a three-legged chair. Is a chair with four legs patentable? The prior state is a four-legged ...
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2 answers
31 views

Can I sell in Canada a product patented United States?

Can I sell in Canada a product patented the United States? Can I sell in Canada a product patented in the United States? How can I know the united States Patent has registered an international ...
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2 answers
39 views

How is a US patent linked to the non-us person's identity?

I was wondering, how is a patent linked to the owning people who reside outside US? It cannot be only assigned by name of course. There might be thousands of people by the same name. Is it linked to, ...
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3 answers
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Blog post explaining a patented algorithm

Hi Ask Patents community, I recently came across a software product in my industry that I thought was interesting. I decided to look into how their software works and ended up discovering their US ...
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1 answer
52 views

Is there (no) reciprocity in protection between the US and China?

What is the gripe that the current US administration has with the Chinese patent system? If an inventor files (and obtains) a patent from the USPTO, but never applies for a patent in China, does a ...
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  • 101
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2 answers
426 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 ...
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3 votes
1 answer
1k 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 ...
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4 votes
1 answer
51 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 ...
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3 votes
2 answers
77 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 ...
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1 vote
1 answer
191 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?
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1 vote
1 answer
111 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 ...
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2 votes
1 answer
120 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 ...
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2 answers
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Is this patent limited to the usa or internationally?

In reference to the patent: US8424138
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1 answer
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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.
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1 vote
1 answer
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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 ...
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  • 633
2 votes
1 answer
169 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 ...
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  • 21
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1 answer
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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 ...
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  • 633
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1 answer
65 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: ...
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  • 103
4 votes
2 answers
80 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 ...
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4 votes
2 answers
233 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 ...
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9 votes
2 answers
932 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 ...
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0 votes
1 answer
99 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,...
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0 votes
1 answer
173 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 ...
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1 vote
2 answers
68 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 ...
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  • 360
3 votes
1 answer
218 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 ...
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  • 133
2 votes
1 answer
87 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 ...
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3 votes
1 answer
7k 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 ...
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