Questions tagged [usa]

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

3
votes
3answers
841 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 ...
11
votes
2answers
20k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
1
vote
0answers
27 views

Prior art in French from YouTube is accepted?

I want to publicize a new invention so that it is available on YT for collaborators and as proof that it is my work, through a discreet page so that not alot of casual researchers will find it. Is it ...
1
vote
2answers
46 views

Could i Patent something in the USA, not being USA citizen?

I want to Patent something in the USA,but i'm from Argentina. Could i Patent something in the USA if i'm not from the USA? Could it be done Online sending digital documents?
0
votes
0answers
14 views

Sharing and uploading full-text patents [duplicate]

I am the inventor of a European patent. Am I allowed to share the full-text (PDF) of such patent and to upload it online, for example on ResearchGate.net? Or does the patent have some sort of ...
0
votes
2answers
35 views

Can industrial processes described in patents be replicated in Not-for-profit organisations without a license?

I wonder if the processes described in patents can be replicated in not-for-profit organisation, that is, organisations that by statutory contract do not aim to commercialise a "copied" version of ...
0
votes
1answer
817 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
44 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 ...
2
votes
2answers
80 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 ...
4
votes
1answer
203 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 ...
0
votes
1answer
20 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 ...
2
votes
0answers
66 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 ...
0
votes
1answer
80 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
164 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 ...
2
votes
1answer
106 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 ...
6
votes
1answer
122 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 ...
4
votes
2answers
83 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 ...
1
vote
1answer
68 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 ...
2
votes
1answer
174 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
2answers
54 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, ...
2
votes
1answer
55 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
48 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. ...
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
256 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
78 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 ...
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
107 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 ...
2
votes
1answer
215 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 ...
2
votes
0answers
24 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 ...
4
votes
1answer
175 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
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 ...
1
vote
0answers
27 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
434 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
149 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 ...
5
votes
1answer
132 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
93 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
184 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 ...
1
vote
1answer
54 views
0
votes
1answer
463 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
285 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?
1
vote
1answer
74 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 ...
15
votes
2answers
714 views

What are the possible consequences of using software developed outside of the US that infringes a software patent?

Suppose I'm developing a software and I operate in the country that doesn't recognize Software Patents. I make my software available for users in several countries including the United States. What if ...
0
votes
1answer
774 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
2answers
348 views

Is this patent US6323569 B1 still valid? Valid till? End date?

I would like to know is patent "US6323569 B1" still valid? its end date?
4
votes
1answer
778 views
19
votes
4answers
4k views

Are US software patents enforceable in the UK?

The UK Patent Act 1977 clearly states that It is hereby declared that the following (among other things) are not inventions for the purposes of this Act, that is to say, anything which consists of ....
0
votes
1answer
74 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 ...
13
votes
2answers
277 views

Is there a specified route to convert UK patents to US patents?

If I have an existing UK patent, is there a way to get it recognised in the US, or to convert it to be a US patent? My guess is that there must be agreements between countries on how they handle ...