Stack Exchange Network

Stack Exchange network consists of 174 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

Questions tagged [usa]

Questions specifically relating to the patent system of the United States of America.

0
votes
1answer
16 views

Who gets a “patent grant cover” from the USPTO?

The USPTO has designed a new "patent grant cover" in 2018: The patent grant cover represents the physical document issued to inventors upon the granting of a U.S. patent. The 225-plus year history ...
1
vote
0answers
32 views

Before the American Inventor's Protection Act of 1999, were inventors allowed to request pre-grant publication?

Before the American Inventor's Protection Act of 1999, were inventors allowed to request publication of their patent applications before the grant date? If so, did many choose to do so? The following ...
2
votes
2answers
51 views

If the 12 month window for PCT application is missed, is all opportunity lost for foreign patents?

If the 12 month window for PCT application is missed and the patent has no new material since priority date, is there no way to apply for foreign patents? I misunderstood the timing guidelines and ...
0
votes
1answer
70 views

Can you sue for software patent infringement after 6 years from the patent expiration date?

I was reading the JPEG Wikipedia article, and found this quote: The patent expired in December 2007, but Princeton has sued large numbers of companies for "past infringement" of this patent. (...
1
vote
1answer
139 views

Is there a statute of limitation on software patents?

Is there a statute of limitation on software patents? If there is a statute of limitation, when does the statute of limitation period goes into effect, is it after the release of the software that ...
5
votes
1answer
99 views

Can the developer of a free software be sued for damages because of an accidental patent infringement?

Assume that I created a free software that accidentally infringes on one or more software patents. Can the holders of these patents sue me for damages, even though I did not make any money from the ...
2
votes
1answer
97 views

Can I be sued for damages for patent infringement that are more than my actual profit?

Assume that I created a software that accidentally infringes on 5 software patents, and then I sold this software for a number of years and made $10,000 in profit. Can the holders of these 5 patents ...
1
vote
1answer
43 views

How do I know if I can sell an item that is already in the market? Not sure if it has a patent or not

I had an idea that I thought did not exist but turns out it does exist and in fact I found many items for sale online (the material is different but the final purpose is the same). In that case I will ...
1
vote
1answer
49 views

Does patent US20120072422A1 make it illegal for other companies to sell reference managing software that parses documents for placeholders?

Thomson Reuters have been awarded a patent for a "System and method for citation processing, presentation and transport and for validating references" that, in my eyes, looks very much like what ...
4
votes
2answers
71 views

What's obvious when there really is no good prior art?

The USPTO grants about 300,000 patents per year. Maybe half of these patents would not hold up in court simply because of "missed prior art" (i.e., prior art similar or identical to the invention but ...
2
votes
1answer
50 views

Non-provisional application merely incorporating by reference provisional application?

In the US, it is allowed to incorporate by reference (IBR) another document, and the IBRed document is treated as though it literally exists in the citing document. Therefore, in a non-provisional ...
3
votes
1answer
38 views

Provisional Rights vs 'Intervening Rights'

Provisional rights are intended to give remedy to a patentee who's issued claims were infringed during prosecution. See here. On the other hand, are any sort of "intervening rights" (usually ...
5
votes
1answer
40 views

IP Patent Biotech

I’m an undergraduate student in Boston, MA and I interned for 6 months at a start-up biotechnology company. I made some gene pathway suggestions that, a year later, they’re still working on some. ...
1
vote
2answers
215 views

WIPO patent filing vs US patent?

After doing a bit of research on the different types of patents that are available, and what it would cost to get patents in multiple countries, it is a mystery to me why anyone would bother with ...
2
votes
1answer
39 views

In an independent claim is there any advantage of stating all the critical antecedents up front rather than introducing them individually?

The example is an invention depending on precise definitions of a series of antecedent phrases that will be repeated numerous times in a series of following claim parts, some of the phrases being ...
2
votes
1answer
129 views

Is claiming priority with a different inventor essentially madness?

I apologize for the click bait title, but that's really my question. 35 USC § 102(a)(2) provides: A person shall be entitled to a patent unless— (2) the claimed invention was described in a ...
0
votes
1answer
25 views

Product is made in Europe, can I sell it in US where similar patents already exist?

Our idea achieving same results and it's basically the same thing, but it's slightly different system used and the way is installed. On the top of that, I see other companies doing same thing, how ...
4
votes
1answer
132 views

Does same owner's prior application count as of filing or publication date?

For 103/obviousness (but not obvious-type double patenting) reasons, does an application published by the same inventor/owner count as prior art against future applications of the inventor/owner based ...
4
votes
2answers
51 views

What if the cloud is located where the patent is null?

In reference to the patent: WO2017054090A1 I just wanted to know if someone can barely do the same thing as claimed but with a cloud located where the patent is not filed/granted/valid. For exemple, ...
1
vote
0answers
10 views

Specific Companies that use this patent [closed]

In reference to the patent: US3498685 What are the companies names that use this patent? Thank you
4
votes
1answer
77 views

In the attempt to address claim rejections, how much assistance can I get from the examiner who handled my application?

I have received a First Office Action, and this is a new experience for me. As many had advised and warned me to expect at this stage, the claims are rejected. The examiner's report appears to ...
5
votes
1answer
100 views

Are private discussions valid prior art?

Based on case law, there seem to be two contradictory tests for valid prior art when considering novelty of an invention. I would paraphrase them as: (i) If information was made accessible and ...
3
votes
1answer
147 views

Does a “Petition to Make Special Based on Age” (65+) type of Accelerated Examination still have the same 3/20 claims limitation?

The more complete question is: Does a “Petition to Make Special Based on Age” (65+) type of Accelerated Examination still have the same search documentation and 3/20 (3 independent, 20 total) claims ...
1
vote
0answers
23 views

How should existing software products be described in an IDS, if at all?

In an IDS for a software/computer-implemented method application, how should existing software products be documented, if at all, when the software products in question have a subset of functions of ...
1
vote
1answer
28 views

Extracting a detail from specifications of one patent application to create a new patent application

In the course of developing specifications for one patent application, one of the subordinate details envisioned and described among alternate embodiments seems to have potential to be split off into ...
4
votes
1answer
151 views

When do provisional rights arise for a PCT application?

A patent holder in the USA has filed for a PCT for their invention. We have found that we we can’t sell a product that would infringe the US IP in the USA. However, are we able to continue selling ...
1
vote
0answers
26 views

Planning ahead for exploring licensing possibilities for a computer-related patent [closed]

(lead-in/background to the questions): I spent nearly a year developing the idea and determining what distinguishes the concept from prior art. I filed a provisional application in April. I have ...
2
votes
1answer
372 views

Validity of patent on Merkle Trees

(I originally posted this on law.SE and was directed here.) Patent US4309569, published in 1982 and expiring 20 years later, describes an algorithm for creating hash trees (known as Merkle trees, ...
5
votes
1answer
118 views

Is there a Patent-to-English dictionary?

On another site, I learned that many words in U.S. patents have very specific meanings, subtly different from their usual meanings in English. For example, "comprising" is different from "consisting ...
4
votes
1answer
114 views

What concrete lessons should software patent applicants learn from Alice vs CLS Bank?

Alice vs CLS Bank decided that implementing an abstract idea on a generic computer is not patentable. Most experts seem to believe that SCOTUS's decision invalidated some, but not all software ...
1
vote
1answer
89 views

Why do people patent well-known ideas?

Some patents seem to be filed for fairly well-known ideas, like for example, "out-of-office email". Even large, industry-leading companies, rather than patent trolls, appear to apply for such patents. ...
0
votes
1answer
34 views

Can I use the technology of this patent for a consumer product?

In reference to the patent: US5529301
2
votes
1answer
157 views

Keep application secret

Is there a way to keep an invention patent application unpublished in the US? If yes, for how long and can one get a search report while keeping the invention secret? Afaik in Europe the only way ...
0
votes
1answer
378 views

Amendments that can be filed at the same time as entering U.S. national stage?

What amendments can be filed at the same time as entering U.S. national stage? I know that the claims can be amended, but is it possible to file amendments for the descriptions/drawings at the same ...
1
vote
1answer
268 views

Inverted Umbrella

In reference to the patent: WO2011002413A1 I found this European patent for an "Improved Umbrella Design." How can I find out if there is a USA patent on this design?
0
votes
1answer
606 views

Can I patent a genetically modified animal before creating the one?

I have an idea of a genetically modified animal whose artificial features will solve certain practical problem. The combination of features is far from trivial. Can I patent (in UK, EU, US and the ...
1
vote
1answer
73 views

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 ...
1
vote
1answer
51 views

What subsequent patents reference this patent?

In reference to the patent: US7713314
0
votes
1answer
65 views

Printing the patent image from US patent [duplicate]

IN reference to :- US2249572 Wearable bone-conduction hearing aid Do I need permission to print an image from patent? Is it public domain? USE:- Printing would be on vinyl wallcovering and ...
0
votes
1answer
711 views

Provisional patent in US for non-US citizen

Can a non-US citizen file a provisional patent in US? Does he need to hire an attorney or can he do it himself? What does he need to do to convert the provisional patent into a final patent? (meaning:...
3
votes
1answer
723 views

Is this patent valid in USA or Australia?

In reference to the patent: EP1195548A2
3
votes
3answers
286 views

Finding prior art rejects an independent claim

Suppose I find a patent (A1) with claims 1, 2 and 3. Claim 2 is dependent from claim 1. If I find a prior reference that rejects claim 1. What happens with claim 2? Is still valid? Should they ...
1
vote
1answer
31 views

Provisional patent registration in US for SA resident

I am a resident in Cape Town , SA, what steps would I need to take to register a provisional patent in the US?
1
vote
1answer
209 views

Is a wrong summary of the invention relevant?

A US patent issued having a "summary of invention" NOT covering the claims (e.g. describing different materials). Is it valid?
0
votes
1answer
71 views

What are the terms of a US software patent approval?

What are the terms of a US software patent approval? For example: I want to patent a technology in the form of a JavaScript API. The technology makes it easier, cheaper, and faster for developers to ...
2
votes
1answer
99 views

Handling ownership and patent initiation of intellectual property

I've been developing a software and am now bringing in additional people to the project, who want to work on it for a share of future profit. I founded a company (currently an LLC) to host this ...
0
votes
1answer
36 views

Frank W. Jandl Engineer [closed]

I'm trying to find out about patents involving my Father, Frank William Jandl. He is long deceased, and I'm his daughter and I'm doing the family genealogy hoping to include information on my Father. ...
2
votes
1answer
77 views

Is this patent just for US or Worldwide ? and expried?

I would like to know this patent just for US market or Worldwide. I noticed the patent owner has not paid the fee since 2011. Does it mean the patent is now expried(invalid) ?
0
votes
1answer
41 views

Is patent US5715629 still in force?

Could you please tell me whether patent number US5715629 is still in force?
1
vote
1answer
742 views

Forming a System Claim: Am I on the Right Track?

I'm writing a system claim, and I'd like to get some feedback on an obfuscated version of it. Please don't reserve your criticism! I'm interested in learning from the best. Why am I off base? Why am I ...