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Questions tagged [utility]

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if the specifications of a utility patent describe a software method and system, is it possible to still have an apparatus claim?

In the specifications, the software patent application essentially have two identical paragraphs that describe the invention as a method and a system. And consequently it is currently slated to have ...
Bear Bile Farming is Torture's user avatar
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complexity of Tinder's swipe matching process patent

https://patents.google.com/patent/US11513666B2/en The above patent is for a feature in a dating app that protects Tinder's swipe matching process. Most law firms assess application complexity and ...
Bear Bile Farming is Torture's user avatar
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2 answers
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Does use of an invention at one location by members of an organization constitute "public use?"

I just invented something for a non-profit organization I work for that makes it easier for the members to use our equipment. If only members of the organization are using it, does that constitute &...
Teresa Martin's user avatar
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Utility vs Design Patent as fast mean to secure IP rights

I want to apply for a regular patent of a simple static mechanical device (no moving parts). It's design is dictated mostly by its functionality. Most changes to the physical appearance of the device ...
user1876484's user avatar
1 vote
2 answers
50 views

Stealing parts of an invention

I have an invention that combines 2 pieces of what would be useless components if separated. Hence the 2 pieces cannot be patented as separate inventions. Let's suppose that 1 of those 2 pieces needs ...
Bear Bile Farming is Torture's user avatar
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Invention that has no useful purpose on its own

I have an idea for an invention that requires 2 pieces. Each one of those 2 pieces has no useful purpose on its own. Is it possible to patent each one of those 2 pieces separately as independent ...
Bear Bile Farming is Torture's user avatar
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How to sell or license out your invention before your patent is approved?

I just recently learned that it takes years for a patent to be approved (which is utterly ridiculous). So is there a way to sell and or license out your invention while your application is waiting for ...
Bear Bile Farming is Torture's user avatar
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USA Citing a patent that is european

Thank you for the warm welcome on Patent StackEchange. When citing a patent, because presently, I am writing it myself before a pro-bono student works on it. Does this simply mean you are (claiming) ...
ABC's user avatar
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Provisional vs non-provisonal utility patent?

I am trying to get a patent on an invention, spoke to my patent lawyer and he stated that the patent search looked good and asked me if I wanted to proceed with a provisional patent or a utility ...
Kevin's user avatar
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2 answers
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What are the absolute minimum theoretical requirements for a provisional patent application?

As far as I know, it is illegal to advertise an invention as "patent pending" unless a patent application has actually been filed. So, theoretically, if a company or individual wanted to ...
Jake E's user avatar
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2 answers
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I made a board game; is it possible to obtain a patent or any other forms of IP?

I made a board game is it possible to obtain a patent or any other forms of exclusive rights to intellectual property? My board game is like chess and some deep, but I don't know whether we will make ...
Red bel's user avatar
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Contact the supervisory patent examiner (SPE)

I got a response from USPTO about my application: The application is waiting to be assigned a examiner. The SPE has it right now and the SPE name is **** and the phone number is ()-****. My questions ...
Joorey A's user avatar
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3 answers
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Why are independent claim sometimes repeated with a small wording change in a later claim in newer patents

Why is it many newer patents, such as in US10421637, A cranking mechanism, the independent claim 1 is almost entirely repeated in claim 8, except for a small change? I do not find this in older ...
Pro Se Hole's user avatar
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1 answer
70 views

Combination of Dependent Claims Infringement

I have a question regarding dependent claim combinations and the infringement of them. Lets say I have these claims: A + B Claim 1 + C Claim 1 + D If someone has an apparatus A + B + C + D, would ...
person17381's user avatar
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2 answers
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Can a patent make you stop selling your product?

You invented, build, and a product (like a Personal Cooling Unit a devise you wear over your close to keep cool). You have records and receipts of your sales, published pictures, online catalogs, and ...
Muze's user avatar
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1 answer
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Can an improvement be made on a patent and then made in the public domain?

I have design improvement to the rubber glove for restaurants that work with gloves in front of the customer. It will reduce the cost significantly on production and material. Can I make it in the ...
Muze's user avatar
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1 vote
1 answer
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Is there a cheaper patent for low income applicants?

Is there a government supplement that offsets the cost of obtaining a patent for low income families?
Muze's user avatar
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1 answer
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how do you know if this patent is design or utility, as no marking is mentioned on the patent?

how do you know if patent is design or utility, as no marking is mentioned on the patent?
Firas Abbasi's user avatar
4 votes
1 answer
140 views

Remove Diagram from filing

Can you remove a diagram from a provisional application when filing for a utility patent and not change the priority date?
B Roberts's user avatar
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3 answers
49 views

Which patent is right?

I am developing a cosmetics line and have come up with a unique packaging design. It's not just the look, the package actually opens in a different way. Would I need a design patent or utility patent.
Brandie Scott's user avatar
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1 answer
121 views

Is this a Design Patent or Utility Patent [duplicate]

In reference to the patent: US20170153408 Please let me know what kind of Patent this is, Design or Utility & If someone want ed to protect the Look of how a new sunglass's lens looks, would ...
martine's user avatar
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1 answer
98 views

Design and Utility Patent for Same Invention, Ex Parte Quayle

Dear Patents Exchange! I have filed design patents and utility patent for my invention. The utility patent is still under examiner and I have received an Ex Parte Quayle decision on the design ...
Miko Filppula's user avatar
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1 answer
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Can I apply for design patent whilst I have a utility application pending?

I have filed an application for a utility patent. Can I also file for a design patent as a plan B should the application be denied?
gooodles's user avatar
1 vote
0 answers
40 views

I battled with USPTO Examiner for 7 years (Utility Patent) do I start fresh?

I had a great invention that would allow the serving of beverages, mixed drinks, etc at places that do not allow GLASS containers, like concerts, football, sporting events. It had several benefits: ...
Steve Crabtree's user avatar
1 vote
2 answers
786 views

How should I structure my claims and embodiments in regards to a patent for an invention to be implemented by a text editor?

In US patent law, how are claims that are dependent on an earlier claim affec the interpretation of the earlier claim. Is the prior claim's interpretation based on each dependent claim, or is the ...
Brandon Roberts's user avatar
1 vote
1 answer
313 views

Can aesthetic features be patented as utility invention?

In order to be patented, an invention need to be useful. Can aesthetic features be considered useful (helps selling the product)? For example, you have a door with a whole new mechanism that when you ...
user2174870's user avatar
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1 answer
156 views

Do I need to prove a theorem used in my patent?

Lets say, for example, my patent requires computing all elementary cycles in a graph. It happens to be known that all such cycles can be computed from a cycle basis. Keep in mind I am not trying to ...
dan b's user avatar
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1 vote
3 answers
3k views

Does "Reasons for Allowance" in transaction history description of PAIR point to a probable patent grant in the near future?

Following are the recent transaction descriptions of a patent application with US PTO with filing date Dec-27-2013 retrieved using PAIR. 01-02-2016 Document Verification 12-22-2015 **Reasons for ...
Dinesh's user avatar
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2 votes
2 answers
122 views

Filing dates utility provisional application versus follow up design patent application

I filed a utility provisional patent application less than 1 year ago. If within 1 year of the utility prov appl filing date I also file design patent application(s) for the same idea, will the ...
user15505's user avatar
2 votes
1 answer
132 views

My design around of a patent is being made obsolete by a reissue, what are my options?

I innovated and filed for a utility patent on an invention that had been patented. Now the owner of the original patent has filed for a reissue of his patent. The new claims are broader and basically ...
CDavis311's user avatar
2 votes
3 answers
394 views

Can I patent a product that has already failed?

I am looking to launch a product which has already existed in Australia but failed to make any money at the time. The product was created around 3 years ago but the company seems to have ceased ...
V4n1ll4's user avatar
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4 votes
2 answers
115 views

How to apply for a patent in the US/EU?

How to apply for a utility patent for an invention in US? What is the procedure of this process? What are any other important details? Can a US base technology patent be extend to EU? Reference: ...
user avatar
4 votes
1 answer
585 views

What is the process for filing a continuation-in-part?

I need someone to provide me with a detailed explanation for the process for filing a continuation in part within one year of originally filing for a patent. I know you pay the same fees as you did ...
user3216108's user avatar
1 vote
1 answer
94 views

hypothetical situation: utility to design patent - wanted utility patent already gone; can I create a design patent based on existing utility patent

I filed for a utility patent and afterward I found someone's utility patent that won't allow mine to be approved. A close example is: applying for a specific design for a shoe and hoping that it ...
user827304's user avatar
1 vote
1 answer
47 views

Older US Utility Application

... that I am wanting international coverage but cannot as the time to do so has expired. I have designed a new component that works with the old claims as a single unit. Can I resume international ...
Stealthman's user avatar
0 votes
1 answer
1k views

how to check the priority date of the patent?

IF I need to invalidate the patent that is CIP.Taking priority from CIP->CIP->DP->CP->Parent.
QT-ITK-VTK-Help's user avatar
1 vote
1 answer
902 views

Design or utility patent? Do I need to file multiple variations to protect my idea? Do I need create an exact working example of my idea? and more

If I wanted to produce sticky fore-arm straps that wrap around the fore-arms for competitors to use in the worlds-strongest-man competition to get a better grip when they pick up big circular stones (...
user827304's user avatar
0 votes
1 answer
102 views

Should I file for a design patent or an utility patent?

I have a new invention that it will help a coffee machine to be more hygienic and more practical. I am confused and I don't know whether this is a design patent or utility patent.
Foruz Mehdiani's user avatar
1 vote
1 answer
107 views

Internationally recognized patent

I want to file a Utility patent with the USPTO that will be globally recognized. How and where do I get started? Can I file it online?
Coder404's user avatar
  • 201
2 votes
1 answer
2k views

Wallet Patent - Public Domain

Are wallets patent-able? How would I know if a patent is in the public domain? I am wondering if this design or similar designs have a patent? http://www.etsy.com/listing/125697284/retromodern-...
user3392's user avatar
8 votes
2 answers
935 views

Practicality of faster than light travel

How was a patent granted for a technology that violates basic physics? Hyper-light-speed antenna Patent number: 6025810 Filing date: Oct 2, 1997 Issue date: Feb 15, 2000 From the abstract: "A method ...
Alexander Healy's user avatar