All Questions

0
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0answers
2 views

Can you protect yourself from patent infringement if you can show evidence that you come up with the idea first?

Let's say, you file a provisional application in Jan 2018 but you have not filed the non-provisional within one year i.e. Before Jan 2019 Another person filed a non-provisional patent of the same ...
0
votes
1answer
20 views

Can one rearrange a claim when examined by the examiner?

I have plenty of dependent claims. I wanna rearrange claims if the main claim rejected by examiner. For example, Claim 4 and 5 depends on claim 3. Claim 3 and 2 depends on the main claim. Claim 1 ...
-1
votes
1answer
23 views

What is the status of patent 8459282

I am trying to determine if the patent US8459282 is still active or if it has been abandoned.
0
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0answers
17 views

Is there a comprehensive business listing with unique identifiers?

I'm doing some patent processing and was wondering if there's a master database somewhere (Bloomberg, D&B?) which uniquely identifies companies that I could map patent owners/assignees into. The ...
2
votes
3answers
67 views

I decided not respond to the office action and abandon application. What to do next?

My patent application was rejected and I decided not to respond to the office action so the case will go abandoned and all potential patent rights will be lost. My patent lawyer who represented me has ...
0
votes
1answer
27 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 ...
0
votes
0answers
17 views

How is copyright protected in practice? [closed]

I have often come across the info that copyright does not require any special steps to have it protected, i.e. once a work is created the creator automatically owns the copyright to it. However, ...
0
votes
0answers
13 views

which documents need to be in a USPTO provisional utility patent for a software system

Presently I have: COVER SHEET ABSTRACT and CLAIMS What's missing?
0
votes
0answers
12 views

Important things to consider when choosing a patent renewal service provider?

What are the important objectives to consider when choosing a patent renewal service provider?
0
votes
1answer
47 views

Is it permissable to manufacture a replacment part that fits in a patented product?

I wish to produce a replacement control board which is designed to fit directly in to a patented handheld machine control pendant. The new circuit board will replace a membrane switch control board ...
1
vote
3answers
48 views

How was the period for patent protection chosen?

Patents in the US last 20 years. Apparently this is a relatively common period for much of the world as well. How was this period chosen? Did the US pick a period first and the rest of the world ...
-1
votes
1answer
26 views

MPEP and Case Laws

How patent Examiners either memorize or manage themselves while citing all the relevant case laws and sections of MPEP during issuance of an Office Action?
0
votes
2answers
28 views

Does complex process patent protect all of its compontent processes?

So there is a process x that is well known and has an expired patent. The original patent does not specify what materials exactly can this process be used on. Basically, (whatever) -> x -> (anything ...
2
votes
0answers
18 views

Patent application: can the citation of a figure from another author be considered fair use? [closed]

I would like to include a figure from a scientific paper which illustrates some background for my invention. I can cite the source and I can make it clear that I'm using it for illustration and ...
1
vote
1answer
26 views

difference between count and claim?

I've been reading a decision from 93' - throughout the decision the court refers to the one claim as "count". is there a difference or are these interchangeable?
0
votes
1answer
25 views

Is this patent still valid? Application deemed to be withdrawn

I am looking to add a product to my online business but want to make sure I am not infringing any patents. EP1552050 - SUPPORT DEVICE FOR FABRIC ITEMS SUCH AS CURTAINS Status: The application is ...
-2
votes
1answer
18 views

Way to release technology with license, without necessity to pay money

I've got serious technology, something that can change way we handle stuff today. Problem is, that I don't have the money to fill in international patent. How should I proceed? I want humans to use ...
-4
votes
0answers
18 views

What is antibody immunogenicity?

what is antibody immunogenicity?
0
votes
1answer
22 views

Use of 'substantially similar' or other phrases describing elements to be similar but not identical

Two icons in different parts of an interface are intended to be recognized as representing the same thing at some level, yet are also distinguished by other visual cues (size, location within ...
0
votes
1answer
33 views

Can a patentable but not fully developed method be protected?

Is it possible to protect a method which is otherwise patentable but which has so far been developed only in broad lines? In other words it is novel and applicable, but not fully teach-able yet. As ...
1
vote
1answer
17 views

Is becoming registered eFiler associated with any fees?

If I'm not mistaken, becoming registered eFiler (Pro Se) involves 3 steps. Creating USPTO account at https://my.uspto.gov Filling and sending Request for Customer Number - form PTO/SB/125A Filling ...
1
vote
2answers
74 views

Unregistered Patent Agents

I am trying to do research on what can be done by unregistered people. While it is clear they cannot represent in a patent court. But to what extant can they help someone one write patents? or help ...
1
vote
1answer
47 views

Under “first to file” law, doesn't that mean someone can patent-troll any currently existing product?

If "first to file" is the only thing that matters, then it doesn't matter even if the product already exists. Say a patent troll picks a popular product already in use by millions of people. They see ...
0
votes
1answer
29 views

Is there (no) reciprocity in protection between the US and China?

What is the gripe that the current US administration has with the Chinese patent system? If an inventor files (and obtains) a patent from the USPTO, but never applies for a patent in China, does a ...
2
votes
1answer
39 views

Co-inventor filed same invention again as sole inventor — Double patenting? Inequitable conduct?

I am a co-inventor together with a fellow engineer. Some time ago, we filed a provisional for our invention and close to 12 month later, in coordination with the co-inventor, I filed a PCT application ...
2
votes
1answer
36 views

Priority date of US patent for filing in other countries?

The key dates of filings of a patent are mentioned below: 16 June 2017 US Patent filing date 12 April 2018 Notice of Allowance by USPTO 16 June 2018 Australia patent filing date 18 June 2018 UK ...
2
votes
4answers
60 views

How to know if someone infringes your patent?

I want to patent a methodology for computing an important value, which is often reported by companies. My methodology gives a much better estimate of this value. The patent application attornies asked ...
2
votes
2answers
33 views

Does obtaining a timestamp for a description affect future attempts to patent it?

Allow me to ask four variants of this question in order to try and make clear what the point is. I will also answer each of them according to my current understanding, which I seek to find out if is ...
0
votes
1answer
18 views

Can I file a 'non-publication request' well after patent filing?

I've filed a utility patent application, nearly 17 months ago. At that time also filed PCT application, then withdrew the PCT application. Is it possible to file a request not to publish the USPTO ...
0
votes
2answers
57 views

Can I make an App that looks like snapchat?

I want to make an app that has transitions between screens like snapchat. (Three buttons at the bottom of the screen that are always there). Is that legal? The app will not be like snapchat in anyway ...
2
votes
1answer
21 views

Use of phrase “teach or disclose” in OA responses

The question is in context of a response attempting to overcome the examiner's cited prior art in a rejection. If stating that the prior art in question doesn't exactly address the point being used ...
1
vote
1answer
49 views

For patent do you have to make your discovery public?

I have developed a website with a friend of mine, and the site is working. But it is not currently not in a form which is presentable to the public, which will take us a little bit longer to do. We ...
1
vote
1answer
37 views

Can you patent an DialogFlow Bot?

Dialogflow is a Google-owned developer of human–computer interaction technologies based on natural language conversations. The company is best known for creating the Assistant, a virtual buddy for ...
2
votes
2answers
46 views

Abandoned Patents

I have several patent applications which were abandoned by my employer for a some reason. I wanted to explore the possibilities of reviving these applications. How can I know if they are revivable or ...
1
vote
1answer
41 views

Is there a time limit for filing a Petition to Accept Late Payment of US Patent Issue Fee (37 CFR 1.137(a)?

After non-payment of a Patent Issue Fee (being due three months after receipt of the USPTO Notice of Allowance) there is the option to file a Petition to Accept Late Payment of Issue Fee when non-...
2
votes
1answer
42 views

What is the practical value of repeating similar claims in slightly different contexts?

In claims for a computer-implemented invention, what is the practical advantage of repeating similar claims under "a method," "a system," and "a non-transitory computer usable medium" categories? i....
1
vote
1answer
19 views

Combining two possible goals or outcomes in an initial claims statement (see stated example)

Would examiners accept a Claim 1 statement ending like this? : ...in order to execute transmission to, or connection therewith, the method comprising So the issue is whether or not the claim ...
1
vote
0answers
26 views

Can an Appendix to an insurance policy be patented as a novel invention?

Can an Appendix to an insurance policy be patented as a novel invention? I have filed a PCT application that came back with the search report indicating that every claim considered Novel, Inventive ...
2
votes
1answer
35 views

Can cosmetic method that doesn't involve drugs be patented?

Just as an example, imagine I found that specific scalp massage technique prevents baldness and have done a study that proves it scientifically, can this be patented?
1
vote
1answer
28 views

PCT application: when is the last chance to file divisional applications?

Overview: I have several related inventions in a slowly emerging industry. Goal of minimizing upfront cost: I'm trying to preserve an early priority date while minimizing/delaying upfront cost as ...
2
votes
1answer
44 views

Distinction between phrases “one or more” and “at least one” and need to include phrase “a plurality of”

In claims, is there any distinction between the phrases "one or more of" and "at least one of"? If "a plurality of" has already been used in the Claim 1 initial statement (e.g., "at least one of a ...
1
vote
1answer
26 views

Can a company with a patent sue me for a product I didn't steal from them

For example, if apple get a patent on an idea, and I already had that idea and didn't get a patent for it, and I went ahead and open a company that makes a product based on my idea, can apple sue me ...
1
vote
2answers
42 views

Does notarizing the document of a description invalidate any future attempt to patent it?

In other words, can it count as prior art that will result in rejecting a patent application submitted after the notarization? Thanks. -- Edit: Due to my poor knowledge of English terminology, this ...
3
votes
1answer
40 views

Possible to make a patent with limited protection with license-like terms?

Let's say you wanted to file for a patent and wanted to allow anyone who uses the patent for personal, hobbyist, and non-commercial use and defining non-commercial to mean that manufacture to sales ...
1
vote
1answer
42 views

Register patents for “cheap” as a private person?

Broader background I am a private person, I do not own any company / business. I just realized recently I have some ideas worth patenting (worth = my own evaluation, hopefully objective). I will not ...
1
vote
1answer
19 views

Are conference papers, proceedings or journal articles published 6-7 years prior to his patent considered as published material invalidating patent?

In 102(a) it says that if you published the material before he invented it, then his patent is invalid. This is also problematic, because it involves determining when he came up with the invention. ...
1
vote
1answer
21 views

Petition to make special

If I have already received a first office action in the USPTO, will filing a petition to make special (e.g., based on age) speed up subsequent actions?
2
votes
2answers
52 views

Can a company sue for patent infringement if they aren't actively using the patent?

I am currently looking into launching a product, and did some patent research. There is a patent for an idea similar to mine (enough for my idea to infringe some of the claims), but the company doesn'...
-2
votes
1answer
24 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
79 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 ...

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