Questions tagged [usa]

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

20
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4answers
778 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 ...
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 ....
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 ...
14
votes
1answer
5k views

When patenting in the United States, what impact does patenting in other countries too have?

I've seen where companies have filed for the same patent in multiple additional countries beyond the United States. What is the motivation for such extensive patenting? What impact (if any) do these ...
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 ...
12
votes
2answers
621 views

Consequences of unwilful US patent infringment by a foreign legal entity when establishing US presence

Suppose the following situation: A company is incorporated in a country other than U.S.A., which does not allow software patents (e.g. EU member countries). This company produces an invention as a ...
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 ...
8
votes
1answer
709 views

What is Patent #100? Are all numbers used?

Google has a patent service (if you don't already know). Here are some example URLs: http://www.google.com/patents/US1 http://www.google.com/patents/US99 http://www.google.com/patents/US101 http://...
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 ...
6
votes
1answer
122 views

SHIELD Act progress

I had recently heard about the SHIELD act that was meant to help curb the lawsuits initiated by patent trolls, particularly those that are highly unlikely to succeed. I haven't seen any newer posts ...
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. ...
5
votes
1answer
135 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 ...
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
2answers
987 views

Possible US patent infringement and German company

We are currently trying to set up a startup that sells a software product online. The software can be downloaded worldwide and paid for via Paypal. Our company is a limited liability company based in ...
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 ...
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 ...
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 ...
4
votes
1answer
780 views

Is this patent valid in USA or Australia?

In reference to the patent: EP1195548A2
4
votes
1answer
204 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
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 ...
3
votes
1answer
626 views

US non-provisional application for a non-resident

I submitted a provisional patent application from a foreign country to USPTO a few months ago. I researched and determined that my idea is worth a proper patent application (I made it public). Is that ...
3
votes
2answers
1k views

How to find status and citation information about a patent application

I'm looking for information on US patent application 2005/0015326. How can I find out whether this application was granted or abandoned and in either case, whether any other patents have cited or ...
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?
3
votes
2answers
6k views

Is SIFT algorithm patent valid in Europe?

I want to use the SIFT algorithm for my scientific research (in EU, concretely SP), but it may end in a commercial software. I've searched the internet and what I found is that the patent is only in ...
3
votes
3answers
854 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 ...
3
votes
3answers
289 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 ...
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, ...
3
votes
1answer
165 views

Should I do a freedom to operate search if I suspect parts of my product infringe [US]?

Let's say I am building on a high-tech, novel product but that combines several techniques, components and/or innovations that I suspect may be patented (though those may have expired). I would like ...
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
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 ...
2
votes
1answer
244 views

Approximately how long does it take between Filing date - Issue date in USA?

There is only 6 months between filing date and issue date of us7445677 patent. Am I missing something?
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 ...
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 ...
2
votes
1answer
260 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 ...
2
votes
1answer
216 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
1answer
185 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 ...
2
votes
1answer
123 views

What is the patent owner law in US?

Let say this patent for an example: http://www.google.com/patents/USD285687 The inventors are: Jerrold C. Manock, Terrell A. Oyama, Steven P. Jobs They are working in Apple and invent that. If ...
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 ...
2
votes
1answer
435 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, ...
2
votes
1answer
102 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 ...
2
votes
1answer
79 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) ?
2
votes
2answers
612 views

Expiration date of US5597520 [duplicate]

Can 3DSystems sue Formlabs over US Patent 5597520? If it was issued in 1997, wouldn't it have expired in 2007?
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 ...
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 ...
1
vote
1answer
854 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 ...
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. ...
1
vote
1answer
282 views

Does the US patent laws limit patent applications on “obviousness to a professional”?

In Swedish patent law, there's a clear statement that for an application to be approved, the solution that it provides can't be "obvious to an industry professional". Meaning that, given the state of ...
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?
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
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 ...