All Questions

0
votes
1answer
47 views

Is entity status determined per patent family?

If a pro-se inventor, qualifying for small-entity status, licenses a patent application to an undiscounted entity such as a large corporation, does that mean that only that patent application (plus ...
0
votes
2answers
33 views

Design Around Existing

I have been designing a device and acompanying software and recently found an extremely broad utility patent that has a claim that is very similar and covers the some of the general functionality of ...
2
votes
1answer
59 views

How to search for examples of design patent applications?

I want to learn by looking at some examples of design patent applications. Is there a public repository of the history of a design patent application process as there are for trademarks? Thank you ...
2
votes
1answer
31 views

When would an entity decide to convert a provisional application to a non-provisional application

For the sake of simplicity, I will limit the scope to utility patents. In what scenarios would it be advantageous for an entity to convert a provisional utility application to a non-provisional ...
0
votes
1answer
23 views

Systems and methods claims

The invention of interest is a system comprised of methods and a collection of tangible measurement device & electronic data collection systems. I was advised to avoid mixing: the structure ...
1
vote
1answer
25 views

Machine, device or apparatus?

What is the process to decide if the tangible invention is a machine, device or apparatus? Any line of thought and supporting examples is appreciated. A singular \ monolithic invention may fit any ...
1
vote
2answers
38 views

I would like to know who owns us4106454a

My father the inventor was "legally" removed from his invention with a contract he signed stating that there was to be a board created. It was a rotating board that had my father start out as ...
3
votes
1answer
33 views

How do patent offices assure examiners are qualified to examine a patent?

As we know, a patent grants a monopoly for some period. I've been reviewing patent applications. It appears that typically only one patent examiner reads the application. It seems problematic that ...
1
vote
1answer
82 views

Giving away half of your patent

I am looking at getting a patent but am having to go through a third party, which is a college to save money since I am a college student. I was wondering, if I give half of the patent to the school ...
0
votes
0answers
59 views

Get the citations of a given patent programmatically from lens.org

Using a web browser, I can manually get the citations of a given patent using lengs.org as follows: Visit: https://www.lens.org/lens/search?q=US7723099B2&preview=true Click "Cited Works" For each ...
0
votes
2answers
41 views

Is a US patent (US D765,756 S) covering Europe?

I'm in the importing process for products from China and I discovered patent US D765,756 S. It's a patent from Taiwan, registered in the US. Does US D765,756 S apply in Europe? What does S at the end ...
1
vote
2answers
28 views

claims drafting

In reference to the patent: WO2015002635A1 Is it ok to write a word like ''substantially'' in claims?
0
votes
1answer
23 views

Finding GB Designs

I'm having trouble locating the pdf for what seems to be a GB Design which google patents indicates exist. Espacenet can't find it, Designview can't find it, there's no text/images in google patents. ...
2
votes
2answers
59 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
2answers
19 views

Mayo 2-step test \ Broadest Reasonable Interpretation of Claims

As an engineer, I am seeking to understand the nuanced meaning of "Broadest Reasonable Interpretation of Claims". Is there a generally accepted thought process that one arrives at to arrive at BRIoCs?...
0
votes
1answer
20 views

Can I use forward numerical referencing in Detailed Description?

I am drafting a Provisional Application. I have two drawings. Figure 1 : (1.01,1.03) Figure 8 : (8.01,8.03) as part numbers. In the detailed description of Fig 1, can I take the reference of 8.01? ...
1
vote
1answer
29 views

Step by step walk through for a United States low income patient

How do I apply for the patent process mentioned in the below question's answer? Can someone guide me on how to do this? Is there a cheaper patent for low income applicants? I understand that I am ...
1
vote
3answers
65 views

Claimed Invention “As a Whole”

QUESTIONS What is the nuanced meaning of "CLAIMED INVENTION AS A WHOLE"? Put another way: Why not just write CLAIMED INVENTION? What is the alternative, "claimed as a ???"? USPTO PASSAGE A ...
2
votes
1answer
48 views

What is the relationship between my two apparently identical patents?

Patents US9607415 and US9613446, which I invented and do not understand, appear identical. What is the relationship between these? Are they legally distinct, with one a continuation? Did the lawyers ...
1
vote
1answer
40 views

U.S. Patent Law: Filing a Regular Application with broader claims than the provisional - will the USPTO deny the earlier filing date?

Let's say an Inventor is trying to patent a drinking cup/mug. In July 2018, the Inventor files a Provisional Patent Application, with a claim for "a cylindrical drinking vessel storing consumable ...
-1
votes
1answer
31 views

is the 21+3 blackjack side wager patent still active for Galaxy gaming

Is the 21+3 blackjack side bet patent expired. It is a variation of three card poker using the players first two cards and the dealers up card
0
votes
1answer
26 views

Can a common software slider input be patented if its specific function is appended in the patent request?

Square and similar big payment processors having physical devices already using such techniques for years. These guys found something existing and try to patent it. See: https://squareup.com/help/us/...
1
vote
2answers
41 views

Where and how can I patent a web improvement or idea?

I have one idea that could improve web interfaces and functionality of web sites. Where and how could I patent that idea?
0
votes
1answer
24 views

Can I patent and create an existing service with a different name, in a different state?

If I wanna patent my idea.. but there currently already have an app of it in a different state for which it's present, could I use and patent my idea that's similar to the existing one without getting ...
3
votes
1answer
32 views

Can claims be amended after patent contents become public?

I have filed non provisional, regular utility patents applications. I will be also filing continuation applications. Can I add or amend claims after the content is made public? Such as in a crowd ...
0
votes
1answer
103 views

How to fill out ADS domestic benefit and foreign priority section for bypass application?

I have a customer who wants to file US application. The situation is, He has a PCT application in pending. He has a Foreign application (Korea) within one year filing date. He wants to file ...
0
votes
1answer
122 views

What patents are IBM claiming Groupon infringed upon?

As per the title, I wondered specifically which patents IBM has alleged Groupon has infringed upon, in its $167 million case: https://www.reuters.com/article/us-ibm-groupon-lawsuit/ibm-seeks-167-...
0
votes
2answers
33 views

Claims wording: too narrow and subject to workaround?

A test and measurement system records data. Would it be better to indicate: A test and measurement system that forwards data to a data store . (not a 'database'). OR is it 'good enough' to state:...
1
vote
1answer
35 views

Can someone patent an invention post-hoc

If an invention has already reached market, can the technology be patented by the inventor(s)? Is there a threshold of time post-hoc or just not possible?
0
votes
1answer
33 views

Why is an Ex Parte 102(g) Rejection necessary? If an invention has been reduced to practice wouldn't the patent be preclude by 102(a)?

A 102(g) Rejection requires that the invention be reduced to practice. However, 102(a) says that if an invention is "known or used in this country" it can't be patented. So wouldn't a reduce to ...
2
votes
1answer
20 views

Product similiar to Abandened Patent

Our original product in 2014 had patent pending, however, for various reasons we had to abandon the patent/product. We have now invented a similiar product with various differences and we have renamed ...
0
votes
1answer
75 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. (...
0
votes
1answer
385 views

Meaning and implications of “non-entry into the European phase”

A U.S. Patent that was applied for in 2014 is still shown as Pending (not granted). In 2016 I see a record of the European patent as "non-entry in European phase" code 122. There is also a record with ...
1
vote
1answer
154 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 ...
1
vote
1answer
33 views

Am I getting a response for Rescission of Previous Nonpublication Request?

I filed a US patent using EFS-Unregistered on June 1st, 2018 with request not to publish. I filed the related international ePCT on June 4th, 2018. I understood that I would need to rescind the ...
0
votes
0answers
85 views

Does Amazon have a corporate reward policy for employee patent inventors?

One of the Amazon leadership principles is "invent and simplify", so I suppose Amazon encourages their employees to be creative and to fill new patent applications. I have heard a rumour about puzzle ...
1
vote
1answer
65 views

to patent world wide or is one country good enough?

If my patent is published in U.K. how much time do I have to file the same patent in other countries? Why would it be a race to file in other countries anyway?
1
vote
1answer
85 views

'Background of the Invention'

I am trying to determine whether I should include this section in a Non Provisional Application (NPA). As I read the 'Background of the Invention' it seems to provide the history of the technology ...
0
votes
1answer
315 views

How many granted patents are required to be considered a prolific inventor?

Wikipedia has a list that enumerates inventors with 200 or more utility patents. Nobody doubts they are the top prolific inventors in the world. Some companies, like IBM, recognize their brightest ...
5
votes
1answer
112 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
103 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 ...
0
votes
1answer
36 views

How can I retrieve the meta-information of all patents filed to the USPTO by a given assignee?

How can I retrieve the meta-information of all patents filed by a given assignee? I am mostly interested in title, inventor list, and year of filing, for patents filed to the USPTO. The meta-...
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
1answer
62 views

“Abstract Idea” Profanity

I am motivated to understand the abstract idea because I need to understand what (if any) of my claims may be labelled with "abstract idea" and how to word my claims to minimize the probability of ...
1
vote
1answer
61 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 ...
0
votes
0answers
14 views

What is the value of patent #us3260443A “Blower” My Grandfather Edward Vactor Garnett [duplicate]

My grandfather and great-grandfather Edward and vactor Garnett have over 45 patents of automobile stuff and I'm trying to do some more research on the matter.
5
votes
1answer
122 views

Okay to use “optionally” in a claim?

In a claim, is it okay to use something like: ... node A connects to node B, optionally encrypted, such as via SSL or TLS. I know I can add a dependent claim instead, but is there any advantage of ...
1
vote
2answers
75 views

Patent search results - Prior art - Obviousness

Good afternoon all, I have had my search results back from the my patent application. The initial results show four pieces of prior art cited by the examiner. I had not included any citations ...
2
votes
3answers
97 views

Does USPTO accept a sequential diagram?

I used to use a sequential diagram for a process flow between multiple components, but have never seen it in patent documents. Is it not allowed? Below is just an example of sequential diagram
1
vote
1answer
27 views

Referencing existing consumer product in provisional patent application

If I was filing a provisional patent for an invention that works with an existing product, what is the most elegant way to refer to that other product in my provisional patent text? For example, if I ...

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