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11
votes
3answers
766 views

If a patent has been issued, can it still be invalidated by prior art?

Assuming the invention disclosed in a patent issued by the USPTO has been described in a book two years before it was submitted, can this patent still be invalidated by this prior art? If yes what is ...
22
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 ...
12
votes
2answers
2k views

Revising a poor English translation of a US national phase application based on a foreign language PCT application

A patent application was originally drafted in a language other than English and filed in a country other than the US. It was subsequently translated into English and made a PCT application and ...
10
votes
1answer
6k views

What is the role of dependent claims?

I am very new to filing patents, What is the role of dependent claims? Couldn't I just have one claim with any details required? What is the difference in haveing one, two, or ten claims? When I ...
8
votes
4answers
563 views

Is Software Patentable?

I know there are many debates about it. Even in USA, a country very well known to be patent friendly, I'm still not sure if software is patentable. But how is the interpretation to allow software ...
6
votes
2answers
256 views

When can new prior art be brought during prosecution? How can we help?

I am looking for a clarification ideally for both USPTO and EPO procedures. I thought that: applicant could (must for US) bring new prior art anytime during prosecution until grant (through IDS for ...
3
votes
1answer
478 views

How do you invalidate a patent?

I'm interested in a beginners guide on how to invalidate a patent, like searching for prior art, and what to do next, etc. Hopefully someone can help!
27
votes
2answers
6k views

I had invented and published before this patent application - How do I get it invalidated?

In reference to the patent: PCT/GB2014/051152 WO 2014/170646 A1 granted and pending patents: GB1307148.5, GB1500104.3 and GB1500105.0 to What3Words Limited: Here is the screenshot from the video I had ...
26
votes
16answers
6k views

Prior art request for WO2014027990 “Performance tests in a continuous deployment pipeline”

I would like help finding prior art for WO2014027990 A1, please. The patent "Performance tests in a continuous deployment pipeline" by some employees of HP (filed Aug 13 2012, published Feb 20, 2014) ...
15
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, ...
14
votes
4answers
1k views

Is it possible to quickly kill existing patents?

My biggest fear is that all the really valuable and very broad patents that qualify as crap have been granted, and we're merely in the midst of the "long tail" of patent applications. How can we fix ...
11
votes
2answers
25k views

Can someone patent someone else's invention?

In the history, invention conflicts were on who has patented an invention sooner. This is the subject of stealing an invention. Consider one has published an invention in any kind of media, can this ...
9
votes
14answers
2k views

Enabling Users to Interact in a Virtual Space (Worlds Inc) - Issued Patent - PRIOR ART REQUEST

As an example back around April a company called World Inc. started suing major video game companies like Blizzard, regarding patents 8,082,501, 7,493,558, 7,945,856 and 7,181,690 "System and Method ...
8
votes
2answers
2k views

Are data structures patentable?

US7028023 seems to be a patent for a data structure (a variation on a linked list with an extra pointer to the item after the next item). Are data structures generally considered patentable, if so, ...
8
votes
3answers
22k views

What is a “Lapsed Patent” and which concepts (if any) may still be protected by this Patent?

US 6,148,942 "Infant stroller safely propelled by DC electronic motor" According to Google Patents, US 6,148,942 is Lapsed and according to Public PAIR its status is Expired as of 2008. Google ...
6
votes
1answer
479 views

Find patents by a specific patent attorney

Many (pharmaceutical) companies have their own IP department employing many patent attorneys. On espacenet, which search field allows me to look for patents issued by a specific patent attorney at a ...
6
votes
3answers
1k views

Requesting prior art on Google machine learning patent (US 2014/0180986)

Google is attempting to patent well known concepts in the field of machine learning. Can anyone provide prior art for WO 2014/105866 A1 (US 2014/0180986), "System and method for addressing ...
5
votes
1answer
5k views

What is a difference between System Claims and Method Claims?

In many countries, system claims are treated differently as compared to method claims. I wish to understand - What is difference between system and method claims? Generally speaking, in what ...
4
votes
2answers
377 views

How does one start patenting an idea in the United States?

I have an idea to do with visual projection systems. I'm not versed on the subject but I am technically inclined (I study computer science and engineering). How would I go about obtaining a patent for ...
4
votes
2answers
231 views

Prior Art search

What are the best way to search closest prior art and how to identify closest prior arts from prosecution file history for pharmaceutical patents.
3
votes
1answer
2k views

Determining if patent is international?

I am currently looking into patent US20110202766. I am new to patent law and I would like to know if the given patent is US-only, or international. How can I find out about where does a given patent ...
1
vote
2answers
2k views

What happens if I don't pay the issue fee?

Does the patent become abandoned? If yes, can I revive it? Under what conditions? Is it any different if I didn't pay the maintenance fee? Do I get any protection from such a patent? Is the ...
1
vote
1answer
407 views

What is the expiration date of patent US9474214?

What is the expiration date of patent US9474214?
16
votes
3answers
1k views

Prior art for “Style and layout caching of web content”

Microsoft's application aims to patent: Methods and systems for style and/or layout caching of Web content are usable to build reusable style caching trees and cacheable layout calculations. Such ...
13
votes
7answers
1k views

Prior art for Apple's “unified search” patent

US patent 8,086,604 is the one Apple used to temporarily get sales of Samsung's Galaxy Nexus blocked. It covers using a single UI to search multiple data sources, including both local and remote ones....
13
votes
2answers
286 views

Is there a specified route to convert UK patents to US patents?

If I have an existing UK patent, is there a way to get it recognised in the US, or to convert it to be a US patent? My guess is that there must be agreements between countries on how they handle ...
8
votes
2answers
653 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 ...
8
votes
4answers
707 views

Prior art for e-ticketing with a barcode image via the web

In reference to the patent application: WO2002091307A9 This is an international patent application which claims a method for issuing over the internet a ticket, wherein the ticket contains a barcode ...
8
votes
3answers
800 views

How would I file a Provisional Patent by myself?

I have a great idea that I would like to protect, but I don't have the budget for a patent attorney at the moment. I was thinking to do it by my own. I wanted to know if I try my best to define the ...
7
votes
3answers
429 views

Are there any advantages to making your first filing in one country vs. another?

Is it always better to file a patent in United States first before extending it to other countries? What if we do the reverse: file patent in a small country then only extend it to the United States. ...
7
votes
4answers
2k views

Online Search - User Curated Search Result Pages (Yahoo!) - Patent Application - PRIOR ART REQUEST

This Patent Application received a non-final rejection by the US Patent Office! An initial rejection is part of the typical course of a patent application. The rejection was based in part on prior ...
6
votes
2answers
133 views

How do entrepreneurs determine if their idea is not infringing any patents

There's the idea to build a business out of, but how would I know I'm not infringing any of those thousands of applications and grants? It seems to be impossible to read the claims in all of those in ...
6
votes
1answer
125 views

SHIELD Act progress

I had recently heard about the SHIELD act that was meant to help curb the lawsuits initiated by patent trolls, particularly those that are highly unlikely to succeed. I haven't seen any newer posts ...
5
votes
1answer
1k views

How to get Copyright permission for a figure in a patent

I would like to get permission for reusing Figure 26 of the United States Patent US20130256198, "Magnetic separation of electrochemical cell materials", in my review paper and thesis, with slight ...
5
votes
1answer
2k views

I was removed as inventor on a patent after leaving the company. Do I have any rights?

I worked for a company in a senior tech leadership role and was responsible for their patent applications. I worked with patent attorney to write 3 applications, one of which I was a named inventor on....
5
votes
2answers
90 views

At what point do conversations become prior art?

Is a conversation between two colleagues or a group in a lab meeting considered prior art? Neither are in a public forum. Is there an assumption of confidentiality?
4
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 ...
4
votes
2answers
2k views

Would it be infringement if I re-use a PART of a patented product in my own design?

If I purchase an existent patented commercial product, extract one specific part out of it, and re-use that one part in my own design (as part of a device that I manufacture and then sell), is this ...
4
votes
3answers
7k views

A patent with both apparatus (i.e. system) and method?

I read a while back that one's goal should be a patent that is a method, a system and a means (I don't quite know what a means is). Is this actually a good goal? I also read that all the steps of a ...
4
votes
1answer
563 views

Can you patent an existing bacteria without any modifications?

In reference to the patent: US7244424
3
votes
2answers
117 views

This is a direct copy of a previous patent we own

In reference to the patent: US20140207087 US 20130180449 A1 precedes this claimed patent and is a direct copy of my original design. What steps are available to me to discredit this patent filing? ...
3
votes
2answers
495 views

Is this an approved patent?

In reference to the patent: WO2008150815A2
3
votes
1answer
233 views

Can it be a patent?

I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (...
3
votes
1answer
434 views

Cost of patenting in Europe

What is the total cost of patenting a medical device in Europe? Of all the costs, which ones are compulsory? I have also heard that the cost will significantly reduce with a new system. Is that ...
3
votes
2answers
579 views

Should I file multiple provisional patent applications when my invention can span different sizes?

I am working on a provisional patent application for a household object. The invention is a simple item that comes in a large and small size. Do I need to file separate applications for each size, if ...
3
votes
1answer
144 views

Can I use examples in the Background section?

To make sure the Background section of my application conveys the novelty of my idea, can I provide an exemplary use case scenario within the Background section? Without it, I feel that the examiner ...
3
votes
1answer
4k views

Idea that is similar but not identical to an existing patent: how do I evaluate the novelty?

I came up with an idea similar to this one (us20070091093) around the same time and I've read this patent pretty thoroughly. They cover a large part of what my idea is, but I have differences in ...
3
votes
1answer
49 views

is a provisional utility patent the way I need to go?

I want to protect my invention as soon as, and as fast as possible with a provisional utility patent for the software and hardware design, and then have 12 months to complete the claims, etc. for the ...
3
votes
1answer
6k views

What can I do to someone who stole my idea and patented it?

What can I do to someone who stole my idea and patented it? He stole this idea from me when I let him live with me while he was separated from his wife. Knowing that I didn't have the money to hire a ...
2
votes
3answers
375 views

How similar does non provisional and provisional patent have to be?

I prefer to not spend a lot of money before I see if it has any value so I would like to file a provisional patent on my own. The basic invention takes some data from inputs encodes it in a certain ...

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