All Questions

Filter by
Sorted by
Tagged with
1
vote
2answers
47 views

Once I submit patent forms can I start selling my invention and it be protected?

Basically I want to know if once I submit the micro patent form, is my invention protected if I start selling it to companies?
1
vote
0answers
52 views

Is this prior art for two Sonos patents named in Sonos v. Google?

I've been intrigued by the recent Sonos v. Google patent infringement lawsuit (full complaint text). I built a similar system with a few friends for a school project in the beginning of 2002, well ...
0
votes
1answer
25 views

In non-final office action, how to handle previously withdrawn claims?

Assume in a response to examiner's restriction requirement, an applicant elected Claim 1 and withdrew Claim 2 without traverse. Then in the following non-final office action, what should the ...
1
vote
1answer
30 views

Dealing directly with USPTO

I received the First Office Action from my patent attorney but I do not want to use him anymore, how can I deal with USPTO directly and what should I do?
0
votes
1answer
13 views

Addition To Patents

If you have a vending machine that distributes beverages on the left side and cooks and distributes pizza on the other. Could this be patent? even though vending machines have already been patented ...
0
votes
1answer
14 views

Can I file a continuation application using the disclosure of a granted grantparent application while the parent is pending?

Jan 2020 - A non-provisional application filed. This is the GRANDPARENT application. It contains around 5 inventive concepts. The patent claimed the inventive concept 1. Jan 2021 - A continuation ...
0
votes
1answer
29 views

Can I refile my own provisional patent that has lapsed due to delay in responding to USPTO?

There was some issue with my provisional patent filing and the time given by USPTO to respond has lapsed. So, could I refile the patent as a NEW provisional patent filing under the SAME title 3 months ...
0
votes
2answers
21 views

How does “A system comprising” claim works when multiple parties involved?

I just Googled the definition for the word system. Google says, a set of things working together as parts of a mechanism or an interconnecting network; a complex whole. So the phrase "A system ...
0
votes
2answers
48 views

Terminal disclaimer filed after final office action

I managed to mess up and filed a terminal disclaimer shortly after the Examiner had already responded with a final office action. The Examiner made it clear in their response that the claims were ...
0
votes
1answer
22 views

Is there such a thing as a 'common law patent'?

I was watching a 2014 episode of 'Shark Tank', Season 6, Episode 3. A woman pitching 'HeartPUP', a pet carrier, said that while in law school, one of her professors said, "Patent laws are changing ...
1
vote
2answers
70 views

Can I remove some part of the specification and drawings when entering the EPO?

I have an omnibus PCT application. It contains multiple inventions. EPO charges 14 EUR for each page in excess of 30 pages. I have used large font and line height in my PCT application for better ...
0
votes
2answers
28 views

If I am submitting two different provisionals for two different claims on the same invention can some sections be the same or similar?

Hi if I am submitting two provisional patent applications for two different claims but for the same invention can sections such as background, summary, drawings, detailed description, terminology, and ...
0
votes
0answers
19 views

Help In Patent Check

Hope you all are doing well. I want to check patent of my product Contour Gauge. Patent number of some one else is given, US2949674A. Here application status is expired for life time. should i check ...
0
votes
1answer
34 views

How patent claims are examined by an examiner?

I would like understand how a patent application get examined. Let's say, I have 1 independent claim and 99 level 1 dependent claims. Does that mean, the examiner search for prior art for all 99 ...
0
votes
1answer
34 views

Does “at least one Y” properly introduce an Y if used for for the first time as well as “a” or “an” does?

The invention is a tool that has a least one of feature Y on a first location. Then in preferred embodiments have feature Y in a second location and also different possible configurations and numbers ...
0
votes
1answer
19 views

Can you copyright a trade secret? [closed]

1.Trade Secrets Protections for confidential information such as formula, method, device, machine, compilation of facts or any information that is confidential and gives a business an advantage. ...
0
votes
2answers
25 views

I want to know if I can patent such algorithm?

My algorithm uses the modified version of existing algorithm (architectural modification) and I have combined it with existing mathematical law. so can a patent restrict others form using such ...
0
votes
0answers
32 views

Can you claim something inherent in drawings, but not described in detail?

Let's say there are two items. Item A and Item B. Item A and Item B are similar, but not identical. One of my claim step is worded like this at the moment. Wherein the copying step uses item A ...
1
vote
1answer
31 views

Can “wherein” be used before “comprising”?

I am translating a PCT application. Claim 1 recites a device. Claim 2 depending from claim 1 recites a first device and a second device by defining the device in claim 1 as a first device. Below is ...
0
votes
1answer
21 views

Does the phrase “at least in part” cover “exact match” too?

wherein string A at least in part match with string B Is the phrase "at least in part" here valid when both string A and String B has the exact same value? Also is that phrase bi-directional?
0
votes
1answer
17 views

When exactly your own disclosures will be used as prior art against you?

If I understand correctly USPTO is a "relative novelty" office. There is a grace period of 1 year. Whereas EPO is an "absolute novelty" office. Anything disclosed before filing will be used against ...
0
votes
1answer
20 views

Where to place the “; and” in the limitation?

It seems like patent claims requires the keyword "; and" before the last limitation. I'm not sure what is considered as last limitation here. Claim 1: A method comprising: cutting ... ; copying .....
0
votes
2answers
54 views

finding patent ZL 2007 3 0024190.5 portable fan

I purchased a rechargeable clip on fan. This model is available from various re sellers but i want to find the manufacturer. I am hoping the patent number will get me to them. The number on the fan is ...
0
votes
3answers
54 views

What is the role of preamble in patent claims?

A claim reads like this. An apparatus for feeding humans, the apparatus comprising: item A; item B; item C. Another claim reads like this. An apparatus for feeding aliens, the apparatus comprising:...
0
votes
2answers
15 views

what needs to be patented in a new type of mechanical devise?How many different or only one?

I have a new type of mechanical device that doubles the output of all previous models. Do i post the machine as one all encompassing patent or break it down into a half dozen new ideas that take ...
0
votes
1answer
38 views

How long are patent records stored by patent bureau?

Suppose I'm granted a patent a month from now and it lasts for 20 years. This means that the patent bureau (such as USPTO) will have created a record which stores the patent claims and also the ...
2
votes
1answer
36 views

I would like to submit “objective evidence” to the USPTO. Do I have to file any Affidavit?

MPEP says, When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise ...
3
votes
2answers
89 views

How to file After Final response and what can be included in it

Consider the following case: A nice examiner files final rejection but allows a post rejection interview and during the interview suggests how to amend claims for allowance and also suggests to file ...
3
votes
1answer
35 views

If I buy property where patented fruit is already growing, can I sell the fruit?

I am looking at purchasing a house, that has a grove of trees that are patented, growing on the property. Am I able to sell the fruit since I will own the property on which it is growing? Also, it ...
0
votes
0answers
28 views

Which “Application Part” and “Application Data Sheet” do I use for the provisional patent document?

While trying to submit my (personally-made) patent documents on EFS-Web I ran into an issue. I'm assuming that I should upload the pdf document of the provisional patent application in the "Attach ...
-1
votes
1answer
36 views

Patent D698,996 S [closed]

Sorry to disturb you, I am an Amazon seller and have infringed your appearance patent D698,996 S You are the owner of this patent. Can you license it for my Amazon store? I need a power of attorney ...
1
vote
1answer
47 views

Can I cite Wikipedia as a reference in an IDS?

Can I cite Wikipedia as a reference in an IDS? For example, "Ducks", Wikipedia, https://en.wikipedia.org/wiki/Duck, Retrieved from Internet 12/18/2019 And attach a print out.
0
votes
1answer
20 views

Can design patent be renewed?

The lifetime of design patent is 14 years (for designs which were filed before May 13, 2015) / 15 years (for designs which were filed on or after May 13, 2015) from the date of grant.
0
votes
1answer
26 views

A question about a patent of Thumbtack

Thumbtack seems to have patented their business model (link to patent is below). Is it possible to patent a general business idea like this? Is it not possible to build a similar business in the US? ...
1
vote
1answer
15 views

Does the priority period of the Paris Convention start with the actual or the effective filing date of a patent application?

I believe the Paris Convention would allow me to file a patent application in country B within a year of filing the same application in country A. But does that year begin with the actual filing date ...
0
votes
1answer
30 views

How to protect the value rather than functionality?

I have a situation where I need to protect the "value" which can be used in multiple steps. The value may be same for all steps, but sometimes it can different. I want to protect the value ...
0
votes
1answer
22 views

References for making patents for pharmaceutical drugs in the U.S

I want to learn how to write pharmaceutical combination drug (API) patents and the format for them. Are there any good references also to learn how to evaluate the quality of a patent? whether it's ...
1
vote
1answer
103 views

Patent listed as expired followed by an expiration date

I have seen several patent applications where the application is listed as expired but below that there is an adjusted expiration date. Can someone please explain what this means? Here is an example: ...
1
vote
1answer
26 views

Can one use inconsistent terms in the claims?

My speciation contains terms like this. The term "Service" means .... The term "Service Administrator" means .... I have already filed my application. At the moment I'm amending my claims. I think I ...
2
votes
4answers
77 views

How to release an existing patent into the public domain?

Suppose I own a patent that has not expired. How do I legally and reliably transfer it to the public domain?
1
vote
0answers
27 views

Is there a way to do full text search in uspto image file wrapper?

At the moment I'm manually entering the application number and reading the contents of image file wrapper in USPTO public pair. Is there a website where all USPTO application's image file wrapper ...
1
vote
1answer
18 views

Can the preamble be same for all independent claims?

Let's say my patent has 5 independent method claims. Can all these claims have the same preamble? e.g. A method for doing X, the method comprising:
1
vote
1answer
31 views

Co-inventorship when claims based on the contributing inventor's concepts are dropped during prosecution

First, an explanation of the overall context is needed: A CIP has been filed by a sole inventor (me). After filing, it was decided that another individual probably should have been credited as a co-...
0
votes
0answers
20 views

In independent claim does “attachable to a Y” establish existence for antecedent

Independent claim: comprising: an X attachable to a Y. Does this establish an antecedent existence of Y to where the dependent claim should now say "the Y" or does the dependent claim need to first ...
0
votes
0answers
31 views

Strategies for OA rejections on CIP when same claims allowed by different examiner for a preceding CON

I have a first OA on a CIP wherein the examiner has rejected claims identical to ones allowed in a related CON (actually granted now), which had a different examiner. (The rejections are not stated to ...
1
vote
1answer
19 views

Drawings & workpiece: What is good practice for showing or not showing an invention in use on a workpiece in a utility patent?

In a utility patent, are there particular good practice rules regarding depicting an invention being used on a workpiece? Should or can the lines of the workpiece be heavier, lighter, solid, broken, ...
1
vote
1answer
55 views

How exactly novelty works?

I understand "novel" means all features of the claim are described in a single document. However, I don't understand the meaning of "feature" here. I have 5 wherein clauses in my claim. Each and ...
1
vote
1answer
220 views

What is meant by MY COMMISSION EXPIRES?

I'm trying to fill out the electronic verification form to get an EFS account. https://www.uspto.gov/sites/default/files/documents/Patent%20Electronic%20System%20Form.pdf At the very end of the doc, ...
1
vote
1answer
29 views

Legal implications of description vs claims

A theorethical patent situation: Claims include: 1. A machine comprising device type A and device type B arranged to achieve X. 2. A machine according to claim 1 in which device type A is an M. 3. ...
0
votes
1answer
26 views

Repeated rejections with new prior art

I have an application that is now on its fifth rejection. In some cases, I have made amendments in light of the prior art, and in all cases, I have presented rebuttals for arguments raised by the ...

15 30 50 per page
1 2
3
4 5
79