All Questions

3
votes
2answers
238 views

What kind of penalties should I expect when having text about patents that expired in my products?

What kind of penalties should I expect when text about patents patents that expired in my products? (e.g. "This product is protected by Patent No. XXXX" -> This was true at one time, but not anymore, ...
4
votes
6answers
2k views

Who is allowed to sue for patent infringement?

In the creation of the patent, you have two entities that are tied to it: the inventor and the assignee. Many times the patent inventor hands off the patent to a company as the assignee. Pertaining ...
12
votes
8answers
2k views

Double tap spacebar to insert period and capitalize next character (RIM) - Issued Patent - PRIOR ART REQUEST

AN OVERBROAD PATENT ON USER INTERFACE - This patent from RIM claims the idea of... doubletap spacebar to insert periods and capitalize! 10 minutes of your time can help narrow US patent applications ...
9
votes
11answers
2k views

Online Shopping - Network Sales System - Issued Patent - PRIOR ART REQUEST

AN OVERBROAD PATENT ON NETWORK SALES SYSTEMS - This issued patent seeks to patent the idea of... using a computer to add items to a shopping cart! 10 minutes of your time can help narrow US patent ...
3
votes
2answers
325 views

What are the pros and cons of publicizing patents / patents pending?

Assuming a company will work on and submit its patents, independently of whether its patents / patents pending are publicized or not (e.g. in its software and website), are there real benefits in ...
14
votes
2answers
1k views

Prior Art for GoDaddy Patent Announcing a Domain Name Registration on a Social Website

DomainWire has announced that the USPTO has just issued a patent to GoDaddy that covers a method of announcing a domain name announcement on a social network. U.S. patent number 8,276,057. In my view, ...
1
vote
1answer
419 views

How can Apple patent flexi screens?

According to my reading of http://techcrunch.com/2012/09/27/apple-patents-in-screen-speakers-flexible-displays-and-tactile-keyboards-for-future-iphones-and-ipads/, Apple patented flexi displays. How ...
9
votes
1answer
225 views

What is the time period allowed to get a “post-grant review”?

According to a recent blog post on AVC.com: "Section 18 of last year's America Invents Act provides for a "post-grant review proceeding for review of the validity of covered business method patents.""...
5
votes
1answer
2k views

Is my system an infrigement of the Active Time Battle patent from Final Fantasy?

Just have a simple question, the ATB system (Active Time Battle) from Final Fantasy has been patent in the past (i think 1992 on july). I am interested in making a turn based game based on the Charge ...
8
votes
4answers
1k views

Can a master's thesis be used as prior art?

I wrote software in 1973 under Federal grant for my MS. While studing at CWRU, one of the early ARPA net sites, I wrote graphics display software for Project LOGOS, a government supported effort and ...
2
votes
1answer
109 views

Individual rebate code on goods transfered by customer via any network to give rebate or gifts to the customer

There are several patents out there like this: you buy a beer, on this bottle is an individual code, you can use this code on the campaign website to win a price or get a voucher e.g for an online ...
2
votes
2answers
2k views

What is functional claiming, and how does it affect the interpretation of a claim?

I've seen the term, and it seems to influence how claims are interpreted, but most of what I've read on the subject (IANAL!) rapidly gets confusing. Can anyone provide a good definition of what it is ...
7
votes
6answers
505 views

Auto correcting semantic code errors by executing code snippets and seeing which ones produce no errors

To be fair, I think this is a ridiculously better software patent than any of the other ones I've seen, but I bet there is prior art for it. The first claim: 1. A method for correcting semantic ...
15
votes
7answers
3k views

Prior art for a web-based system for commissioning software development

Maybe oDesk or eLance are the prior art, but this patent on providing software development services via a website probably has loads of prior art. US20120240097 A1 — Method of providing ...
9
votes
3answers
350 views

Prior art for compiler supporting programs as data objects

Microsoft has patent application 2011/0246973 which sounds suspiciously like Lisp. Here's claim 1: 1. A computer-readable medium having computer-executable instructions that when executed by a ...
2
votes
1answer
199 views

Prior art for preparation of functionalized zeolitic frameworks

Patent #US20100186588| "PREPARATION OF FUNCTIONALIZED ZEOLITIC FRAMEWORKS", filed Jul 16, 2008, is for the preparation of functionalized zeolitic frameworks. Here is its claim 1: 1. A zeolitic ...
15
votes
28answers
4k views

Relational Database - Using Objects to Access A Relational Database (DataTern) - Issued Patent - PRIOR ART REQUEST

DataTern has Patent No. 5,937,402 on using objects to access a relational database. The patent was issued in 1999, and obviously people were using objects to access databases since the 80's. Basically,...
7
votes
5answers
594 views

Prior art for screen that rotates based on orientation

Patent application #20040201595, filed April 11, 2003, describes a screen that rotates based on orientation. Here is its claim 1: A method for orienting a display image, said method comprising the ...
2
votes
2answers
615 views

Does “Vessel Hull Design Protection Act” protects any kind of object of design?

I would like to know if any kind of object of design can be protected by the Vessel Hull Design Protection Act, or if it is just to vessel hull objects.
34
votes
7answers
3k views

Can a sci-fi technology be submitted as prior art?

In response to a question related to multi-touch user interfaces this answer states: Prior art as published Multi-touch computer pads were used throughout the television show Star Trek: The ...
5
votes
4answers
393 views

Prior art for web-based electronically signed documents

Posting to make clear that any patent examiner should at least follow-up should it seriously be considered acceptable. Does anybody here believe this is a valid set of claims in the patent ...
8
votes
4answers
853 views

Do USPTO examiners search open-source codebases?

I have read many patent prosecution histories (on PAIR), but have never seen one that references an open-source codebase as grounds for a rejection. Instead, examiners have a tendency to rely heavily ...
5
votes
6answers
3k views

Do I need a circuit diagram to get a utility patent an electronic device?

I am a partner at a startup design company which has come up with a new novel simple electronic device for household use. Do I need an actual circuit diagram with all the parts, LCD's, clock, etc ...
9
votes
7answers
1k views

Could Apple's recent patents be based on prior art?

Some of Apple's patents, I am pretty sure are based on Prior art some of these include: Patent US 7844915. Here is its claim 1: A machine implemented method for scrolling on a touch-sensitive ...
10
votes
1answer
1k views

What should I know before using “Patent Pending” in my products/ website?

Some years ago I read that you should not use the phrase "Patent Pending" in connection to products or marketing materials that do not actually feature or describe technology that is actually claimed ...
5
votes
1answer
372 views

Patent agreements, over-charging & consumer protection (Microsoft “Android tax”)

TL;DR: if a majority of companies in an industry have entered into a patent licensing agreement with a patent troll on exhorbitant terms, and I as a consumer of their products am directly affected (...
4
votes
2answers
1k views

Here is what I see as an invalid patent. US6563040

I demonstrated a solar tracking mount I built at a Renewable Energy Fair, MREA Midwest Renewable Energy Association. in Custer. Wisconsin. Several thousand people saw it on or about June 21st 2001. A ...
7
votes
3answers
620 views

The SPDY protocol is not patented. Could it have been? Is there prior art?

Google's SPDY protocol is a way to reduce web page load time be smart-multiplexing of the content. It has gained a strong opening acceptance among high-traffic organizations. Despite armchair ...
4
votes
3answers
337 views

How can I best aid in keeping the patents system at bay?

I have become convinced that the patent system is inherently unfair and hurting the well-being of people all over the world. Trivial patents are just one well-known pain and I want them gone as much ...
7
votes
2answers
642 views

Can software be patented after being made public?

Let's say I made software initially publicly available, but some time in the future I decided I wish to patent it. Could I? Is there any time limit on how long after making software publicly available ...
2
votes
1answer
831 views

USPTO examiner/staff financial background check and disclaimers

I've always wondered if there was a financial background check on the examiner and all other USPTO staff that work on a patent application. Or if there is a disclaimer section for those who worked on ...
79
votes
6answers
10k views

How to torpedo a bad patent my former large employer is filing?

I worked for a large software company recently and quit to go work a much better place. I thought I had a clean break, but apparently the company is filing to patent work I did there. The specific ...
9
votes
2answers
719 views

How are damages calculated if found guilty of infringement?

If I am found guilty of a software patent infringement how does the court determine how much damage is done and how much I should pay?
9
votes
1answer
458 views

Would software written in a country without software patents constitute prior art in the USA?

If I write an application here in Europe, where we don't have software patents, would an American company be able to apply for a US patent on a technique or algorithm used in the application? What ...
16
votes
5answers
2k views

Does looking at prior art searches pose a risk for engineers?

Due to triple damage provisions of patent law, for knowingly violating a patent, many companies bar engineers from visiting the USPTO site or looking at any patents. Do these sites which help with ...
18
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 ....
32
votes
5answers
10k views

How long are patents valid?

As an independent software programmer it is very tricky and time consuming to understand these patents. I would say it is impossible for me. Do software patents have a lifetime? If they do, it would ...
7
votes
7answers
2k views

To what extent is a Java Off-Heap management patent applicable?

I am looking for some details about a Patent Application #20120222005 submitted by Terracotta Inc. around Off-Heap (Direct Memory) data stores. Here are some of its claims: 7. A method of managing ...
22
votes
2answers
2k views

Which patents were involved in Apple v. Samsung?

Can someone list which patents Apple sued Samsung over? I believe one of them was rounded corners on a mobile device. I could be wrong though, but if I am correct about that one, then any mobile ...
1
vote
4answers
377 views

How patentable are Fine Art products?

Fine Art is heavily dependent upon per-piece uniqueness. However, sometimes a good style / form comes along that excites people. Does this fall under the category of a design patent (on a specific ...
4
votes
1answer
382 views

How much does US patent law affect international development?

I am originally from Canada, and I live in Asia, but, like a lot of software developers, software code I develop on the web is hosted and used within the United States. Like many, I've heard lots of ...
3
votes
1answer
133 views

Should certain concepts be avoided/included when searching for fluid dynamics patents?

I'm interested to find the range of patented art for apparatus / systems that control the shape/structure of fluid motion. I'm interested in fluid separations, but dis-interested in screens media ...
21
votes
4answers
9k views

What does “patent pending” mean?

After reading an answer to this question, I realized how often I see the term used in marketing. What kind of security level does a pending patent give you? Why do so many companies use them? And ...
9
votes
2answers
907 views

Prior art for new treatment for anxiety disorder

Consider this WIPO: METHODS FOR TREATING SOCIAL DISORDERS and its current 3 entries at national levels: #US20110027765 -> Reviewer has requested some changes in the claims but it's going forward. UK: ...
28
votes
8answers
12k views

Should I patent my idea before posting it on the internet?

Should I patent my idea before posting it on public internet forums? Could someone who sees my post beat me to it?
6
votes
2answers
1k views

Benefits of Software Patents for the software developer (freelancer, companies…)

As the current software patents stand, is there a need for software patents in regards to software development, and what benefits do they bring to the software developer in general? My question is ...
3
votes
1answer
263 views

Are examination and re-examination proceedings publicly available?

Is there any way to read the proceedings of a patent prosecution or a re-examination? Public would be great of course, but so far I have not found even a fee-based resource so I wonder if proceedings ...
3
votes
3answers
503 views

Is it worth patenting something before submitting to the W3C?

Is it worth patenting something before submitting to the W3C, even if it's a royalty free patent?
10
votes
3answers
12k views

How do we check if a patent already exists for our idea?

The idea in question is for a gardening tool.
1
vote
1answer
361 views

General primer on what's patentable in the United States?

I know "it depends..." But what are some general principles on what is patentable and what isn't? I have various ideas, as do we all, some of them good, as do we all, but I don't want to keep running ...

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