All Questions

Filter by
Sorted by
Tagged with
-2
votes
1answer
25 views

USPTO Patent Utility Submission Assistance Questions

As an engineer, I need to ask the right questions of counsel because they are very busy with other projects. My project is blessed with fine attorneys, however, it is up to me to submit the ...
2
votes
2answers
83 views

Application rejected at examination stage - How to proceed best?

Some months ago I filed an application for a national patent (in an EU country). The examiner pointed out several amendments to be made, which I did after I discussed with him twice. Eventually the ...
1
vote
0answers
37 views

Example of a good patent in Software Development

Wondering what an example of a "good" patent is in Software Development. Basically wondering: How long the good ones typically are (a range of sizes). How much scope one patent contains, or if they ...
1
vote
1answer
40 views

Can a continuation be sold separately from the parent patent?

Can a continuation be sold separately from the parent patent if no terminal disclaimers are in place?
1
vote
1answer
43 views

Does a continuation-in-part keep a USPTO patent family alive in the same way as a continuation?

A patent can be "kept alive" by filing a continuation before the patent issues, and then continuing to file continuations in the same manner in a chain of applications. Does the same hold for filing ...
2
votes
2answers
51 views

Can a PCT application be filed on a granted USPTO patent with a priority date that is less than a year ago?

Can a PCT application be filed on a granted USPTO patent with a priority date that is less than a year ago? And if so, do national stage patents that issue from the PCT application get the same ...
1
vote
1answer
34 views

Information Disclosure Statement

When filing a USPTO utility patent, one files a Form sb008a and sb008b: a list of other patents and non patent literature. THOUGHTS I understand one can not patent something that has been ...
1
vote
0answers
27 views

Why does the USPTO issue a 'Reference Number' for inbound phone calls?

Why does the USPTO issue a 'Reference Number' for inbound phone calls? How is the numbered used?
2
votes
2answers
175 views

Method of fabrication patents, Is it okay to import from abroad?

If I patent a method of fabrication, can someone else manufacture the product overseas and import it?
1
vote
1answer
43 views

Is there an actual listing (website, paper listing) of patent applications being published under the 18 month timeline?

I see sites like freepatentsonline has an online listing, but where do they get their listing from? Does the USPTO have a site with a listing of the 18 month publications? For example, the most ...
1
vote
1answer
22 views

USPTO Services: Patent Searches & Patent Examinations

The USPTO has a 'menu' of services that one can purchase. I suspect that a patent search and exam is required when a utility patent: Why and when is each mandatory service performed? What are said ...
1
vote
1answer
33 views

Can I search for more than just the top 1000 results using Google's Patent Search Engine?

on Google's support page for patent searches (see here: https://support.google.com/faqs/answer/7049588?hl=en) it says that: "You can download up to the top 1000 results by clicking "Download (CSV)". ...
1
vote
1answer
65 views

How to handle a non-final action with only a provisional non-statutory double patenting rejection

I have two granted patents - parent A and parent B, and each has a continuation: continuation A and continuation B. Parent B has a terminal disclaimer against parent A. Continuation A and and ...
1
vote
1answer
25 views

pdf files for USPTO application

As I understand it, .pdf files are required for EFS USPTO submissions. It seems that the well-heeled lawfirms have Adobe Acrobat to produce .pdf files. That being said, has anyone had success ...
0
votes
2answers
26 views

Continuation in part to overcome concerns of undue experimentation

If I want to add details to a patent submitted to the uspto in order to add detail to overcome fears of the need for undue experimentation, will a flow up with a continuation in part mitigate the risk ...
1
vote
1answer
29 views

How detailed must a description in a non-patent instance of prior art be to invalidate claims?

Brief context I'm in the early stages of product development, pre-prototype. (Subtext: definitely no funds available for a legal opinion. I'll cross that bridge when it becomes feasible; for now, I'...
1
vote
1answer
46 views

How to interpret prior art with broad claims and narrower specification in order to invalidate another patent?

Brief context I'm in the early stages of product development, pre-prototype. (Subtext: definitely no funds available for a legal opinion. I'll cross that bridge when it becomes feasible; for now, I'...
1
vote
1answer
69 views

What is the difference between USPTO Private and Public Pairs System?

The USPTO's Patent Application Information Retrieval (PAIR) is provided in two flavors: public vs. private (for 'registered' customers). What is the difference between the two? Do they provide the ...
0
votes
1answer
20 views

What are the decision points associated with filing a USPTO NPA?

Context A utility provisional has been filed last year. I intend to file a utility patent application: the USPTO indicates that once I have all my pdf files ready for submission to call the USPTO ...
1
vote
1answer
30 views

Common Pitfalls of filing NPA submission at USPTO

I am planning to file a non provisional application that is due this month 18-April. I intend to try e-file the NPA on Friday the 12th so as to have some time incase something does not go favorably. ...
0
votes
1answer
24 views

Patent drawing with decimal label numbers

I'm thinking of using the following scheme for label-numbering the elements of patent drawings. Is there any reason it can't be used? Each element has its "home-drawing" where it is presented with ...
1
vote
0answers
24 views

XML format of USPTO patent

What are the various fields in patent XML file. For example: does 'detailed description' have a separate field?
0
votes
1answer
44 views

Is software developed in UK is patentable in US?

I work for a company in UK. This company is a branch of an american company. We have developed a software that resolves technical problems in an innovative way for the processing payments industry. I ...
1
vote
2answers
26 views

pre-patent liability

If an inventor chooses not to apply for patent, but instead to produce and sell a "fad" product, can the profits thereof be taken away by a subsequent non-inventor who applies for and receives a ...
1
vote
1answer
46 views

is there any 3(i) objection under patents act for the respective claim mentioned in body?

A percutaneous method of treating the heart of a patient in a manner designed to promote normal sinus rhythm, comprising: directing an ablation catheter including a distal end percutaneously into the ...
0
votes
2answers
37 views

Regarding partial overlap with pending patent of combination of (non-novel) methods

I would like to get a better understanding on how infringement is determined in case of combined claims. Specifically I am confronted with a pending patent combining methods A and B in the following ...
1
vote
0answers
34 views

Commercial product using GANs

I am thinking of creating a commercial product using GAN neural networks. How can I find out if the work done so far by others on which I will build upon is not patent protected. I would not want to ...
2
votes
3answers
68 views

How much “mere reversal of parts” can an Examiner validly claim constitutes a 103 rejection

I have a 103 rejection based on one prior patent and In Re Einstein (a mere reversal of the essential working parts of a previously patented device does not constitute invention). However, the "...
0
votes
1answer
25 views

Where I can get a copy of patent no. ZL94105912.X

Could you please help me to get a copy for a copy of patent no. ZL94105912.X regards Essam hamed
4
votes
1answer
94 views

Method Claims vs. Means Plus Function

There seems to be a lot of controversy surrounding means-plus-function claims. From what I can gather a means-plus-function claim gives coverage to any methodology of achieving the prescribed claim ...
1
vote
2answers
55 views

Patent for existing product

We have tried to patent a system few years ago, but we couldn't patent it because we had sold few systems more than 1 year before we tried to obtain the patent. Now we have modified the system in a ...
1
vote
1answer
32 views

When can an examiner dismiss two independent claims if just one is allowable?

If a patent examiner tries to force a restriction on 1 of 2 independent claims, and the applicant elects to tie them together as obviously connected, is it legal for the examiner to dismiss both if he ...
0
votes
2answers
54 views

Open source software was used in an invention. What should one keep in mind while patenting it?

I have developed a fault tolerant control method which I am trying to get patented. I have used scipy and numpy in the simulations which serves as a proof of concept. Would the fact that I've used ...
1
vote
1answer
35 views

USPTO patent search database no longer secure over web SSL https

Does anyone know how to do a safe query of the : - USPTO Patent Application Full-Text and Image Database (AppFT) - When queries to the database essentially go across the web either to your VPN host ...
1
vote
0answers
28 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 ...
0
votes
1answer
30 views

Patent Claim Drafting

why in US a preemptive claim is patent ineligible and why the absence of complete preemption also does not demonstrate that a claim is eligible.
0
votes
1answer
47 views

Multi dependent claims (Uses and Advantages)

What is the significance of multi dependent claims in infringement analysis? What are the advantages in claiming multi dependent claims over normal claims?
0
votes
1answer
50 views

Claim Status Identifiers

Does a dependent claim's status identifier change to "Currently amended" if amending only the independent claims from which it depends? The dependent claim is not amended. Examiner is suggesting that ...
1
vote
1answer
67 views

Abandoned Patent

In 2011 my partner and I abandoned a patent application after publishing because of spiraling costs, since then he has made another application with his new business partners in 2015 which is ...
1
vote
1answer
34 views

Current status of US06/078,118

What is the current legal status of US patent application number 06/078,118? on Google patent it is "expired", while on Public Pair it is "patented case".
1
vote
1answer
43 views

How to counter a pending application

Following a question that appeared here before, What are the ways to fight\counter a pending application? I know you can file a third party preissuance, but what if it is past the date of eligible ...
2
votes
2answers
40 views

Prior art time relevance when filling continuing application

I was wondering whats considered a prior art when dealing with a continuing application? From reading online, once a continuing application is approved, it receives the allowance date of the original ...
0
votes
2answers
32 views

Same usecase, different method - is this infringement?

So we are a cash strapped startup with almost zero budget for a proper FTO. We have done a patent landscape analysis in order to get an idea of similar patents. To date, we can't find any similar ...
-2
votes
1answer
26 views

WO2011115992A3 status?

I would like to know if the patent WO2011115992A3 can be considered as abandonned, quoting for australia country, as their is no answer from the creator to the international report since 7 years. ...
1
vote
0answers
22 views

Challenging a patent application

A PCT has been published, in its National Phase, in the US on 18 Oct 2018. I have formally challenged this through the proper channels and assume that it will fail to be granted (it is entirely based ...
1
vote
1answer
40 views

EPO Continuation Application

Similar to CON and CIP application in US, is it allowed to file a continuation application with new subject matter in EPO ?
1
vote
1answer
41 views

Third party preissuance for a rejected application

I have come across a patent that was granted 9 months + 10 days ago, the patent is very obvious but it was somewhat restricted in its implementation. I have now seen that the inventor filed another ...
0
votes
1answer
14 views

How do introduction rules of an invention's elements apply when you have several embodiments?

I have several embodiments of similar devices that all do the same thing, but in slightly different ways. Many of them use some of the same elements (pieces). So my question is this: as soon as I ...
0
votes
1answer
52 views

infringing on a patented “tangible” algorithm?

I have 2 questions regarding algorithm "tangibility". Let me give an example. Suppose I had this great algorithm for music processing, and at the heart of the algorithm is this special set of ...
1
vote
1answer
40 views

Claim Interpretation 35 USC 112

Is it possible to use Claim interpretation under 112 sixth paragraph (35 USC 112 (f)) only for patent invalidation without using 112 second paragraph (35 USC 112 (b))?

15 30 50 per page