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2
votes
2answers
47 views

Stating a specific class of computing device, such as touchscreen devices, in the first independent claim

Is there necessarily any risk or self-imposed limitation in having a Claim 1 statement like this – A method for [fill in details here] on a computing device controlled by touchscreen input, and ...
1
vote
2answers
580 views

Combining two claims for two inventions in one patent

I was informed by the patent agent that I work with that I can combine two related inventions in one patent if they function together and use similar features. He said that by combining the two I ...
1
vote
1answer
493 views

So patent application 20130025039 has been issued a PATENT?

Has patent application 20130025039 Been granted a patent?
1
vote
2answers
768 views

Is 12-month Paris Convention priority claim deadline extendable?

This question asks if a priority claim under the Paris Convention can be made after the 12-month deadline, and the accepted answer is 'no'. However, I wanted to ask again if this is really the case. ...
1
vote
1answer
86 views

Patenting an added ingredient as an improvement

Someone has an expired patent on a mixture that makes an oil painting medium. I will not use real names, but here are the ingredients of it Painting oil + Stone dust (gives medium a certain quality ...
1
vote
2answers
101 views

how to judge if anyone infringes my invention?

My invention has A, B, C and D components and they are connected with each other with that order. Somebody claims to have a new invention with an addition component Z with my invention: Case 1: If ...
1
vote
1answer
322 views

How/where to download large amount of patent applications?

I am trying to find out how/where I can download large amount of patent application data. I'm particularly interested in readable data e.g. XML rather than PDF files which can be processed by machines....
1
vote
2answers
322 views

Are algorithm-based inventions patentable?

It is said that mathematical algorithms aren't patentable. Sometimes it is not too clear what exactly constitutes a mathematical algorithm. If I have a powerful and unique technique/ process/ ...
1
vote
2answers
364 views

Is novelty in every dependent claim a necessity?

In case of an invalidated independent claim, does the dependent claim survive if the added limitation to the now dead independent claim is not inventive? If yes, does that mean that in a long chain of ...
0
votes
1answer
21 views

Characterization and scope of claims in technology patents

When viewing technology patents, I notice that they list a number of claims, and the structure of these claims takes various forms. Relating to this, my questions are as follows: Does the scope of ...
0
votes
1answer
2k views

Multiple patents from a single provisional patent application?

I am filing a provisional application for a device that that can be use to improve the operation and performance of a very common item. The device can be designed to be integrated into the design of ...
12
votes
5answers
2k views

Prior art for double-tap to zoom in a structured document / web browser

Apple has patented (US7864163) the behaviour in Mobile Safari whereby double-tapping zooms in just enough to fit on the screen the particular box of content that was tapped. A computer-implemented ...
10
votes
1answer
227 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.""...
9
votes
16answers
2k views

Prior Art for Apple Heuristic Search Algorithm (Pub No. 2012-0166477)

Looking for prior art for Apple's search algorithm patent. In January 2000, Apple filed its original patent application to a heuristic search approach that uses a variety of algorithms that depend ...
7
votes
2answers
313 views

Objecting granted Patent based on own e-mail correspondence as Prior art?

15 years ago I filed a provisional patent to establish myself as first in line to patent an idea for a novel internet business. I then submitted the idea (my working notes and flowchart) to a ...
7
votes
3answers
946 views

Can 'my own' published application be used against 'my newer application' on the ground of 'prior-art'?

We have applied for a patent, it is published by 'PATENTSCOPE' of WIPO 7 months ago. It is presently with the International Preliminary Examination Authority (IPEA). The basis of invention is ...
7
votes
1answer
5k views

Software Patents: Claiming as a METHOD vs as a SYSTEM?

Software patents could be described in claims as methods or as systems. One cannot claim damages for infringement of METHODS until the method is used (e.g. when the software is run). But, one can ...
7
votes
3answers
536 views

Prior art for wear-focusing of non-volatile memories

Patent application #20120226962 makes the claim: A computer implemented method for storing data in memory, the method comprising: receiving write data to be written into a memory that is logically ...
7
votes
3answers
484 views

Are patents which are dependent on prior inventions valid?

Example: PersonA files a patent, such as a gesture, which depends on a touch screen. PersonB holds the patent for touch screens. PersonA is therefore patenting a use for touch screens. PersonA's ...
7
votes
3answers
260 views

How detailed should the background be?

I'm attempting to form a non-provisional utility patent relating to a method and apparatus used for chemical separations. My question is concerning field of invention and subsequently prior art. Here’...
7
votes
1answer
112 views

What happens if a company publicises they have patents when they have not?

Can a company publicise by word of mouth and marketing that they have patents on several products from their competitors, using that to their competitive advantage, to damage the competitors image and ...
6
votes
1answer
131 views

Scientifically invalid patents

This is going to be a weird question. I am an academic researcher. In my field there has been a key topic whose "accepted" solution has been known not to work since 1962. Nobody had been able to ...
6
votes
4answers
330 views

Patent application as defensive disclosure

Is filing a patent effective as defensive disclosure if the the patent is not granted? Any application is published after 18 months (except publication delay request) or if the patent doesn't pass a ...
6
votes
1answer
5k views

Can some explain “inter partes review” and “ex parte reexamination”?

Can someone explain what "inter partes review" and "ex parte reexamination" are when challenging patents with prior art?
5
votes
2answers
308 views

Prior art for US20140314679

In reference to the patent: US20140314679 Would the following applications qualify as prior art for this? US20100240990 CA2692570A1
5
votes
2answers
111 views

What is the inventive step in CA2726258A1?

In reference to the patent: CA2726258A1, "Anti-tumoural effects of cannabinoid combinations". It looks like this patent application was actually a report done on a study about the efficacy of using ...
5
votes
2answers
251 views

What is the expiration date of patent US 6,676,109?

Is patent US 6,676,109 for a rotary valve in favor of Kitz Corporation a design patent or a utility patent? What is the expiration date of the patent?
5
votes
1answer
102 views

What practical requirements are there for unity of an invention with multiple independent claims?

(This question is closely related to Can I broaden the scope of a claim w.r.t. prior art through the use of "other than"?, in which I ask about patentability in case I have to compress all ...
5
votes
1answer
180 views

How can pseudo-science be patentable?

In reference to the patent: WO 2008/097922 A3 How can a patent office/examiner accept such pseudo-scientific literature? There is no rational basis here, thus no “intellectual” property. It looks ...
4
votes
1answer
338 views

Do patents offer protection from private use?

Say I patent an innovative method or device for creating ice-cream. I am in the ice-cream business itself, not device manufacturing. Suddenly, some competitor appears claiming to use a trade secret ...
4
votes
2answers
115 views

Risks of “kitchen sink” disclosures?

It is common practice when writing specifications to disclose a broad range of possible embodiments "just to be safe", and without much thought to how such embodiments might be realized in ...
4
votes
3answers
118 views

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

In a concrete example, the patent application describes a particular method and, as part of the enabling disclosure, reports certain detector readings as confirmation of the expected outcome i.e. ...
4
votes
1answer
207 views

Adding useful and unobvious functionality to existing patent

Alice owns the patent for a blood pressure measurement device consisting of three elements: A) a sensor B) a particular signal processing circuit (the juice of the novel and unobvious functionality) ...
4
votes
1answer
220 views

What is the difference between a US copyright and US patent?

Assume I create a "Swiss knife widget v1." Do I own a "copyright" on the widget? What does a copyright protect? Assuming I do have a copyright on the widget, if another company copies my widget ...
4
votes
1answer
103 views

In disclosing details of an approved (NOA) but unpublished U.S. patent, is there risk of someone adapting it for a foreign patent application?

The question relates to a patent with a current status of NOA, but not officially granted and not yet published. Specifically the context is disclosure of the application details and (in my case) a ...
4
votes
1answer
89 views

Proving the date of a website being used as prior art

I have several pieces of prior art that were published on a website. The site is public but not in the Internet Archive or anything like that. I have content upload dates in the database that could ...
4
votes
1answer
293 views

Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?

I have filed a US provisional patent application last year. I filed a US non-provisional and PCT applications within the 12 month limit of the provisional and claimed the provisional as priority. The ...
4
votes
3answers
11k views

How “different” must an invention be to be patented?

Is it worth pursuing a patent for something that seems like a variation of what someone else has already submitted an application, advertised, published, created or marketed, etc? How "different" ...
4
votes
3answers
90 views

Patent filing via international PCT system

After filing an US application how much time should the applicant wait to file a PCT application? What are the benefits of filing early or late?
4
votes
1answer
125 views

Defensive publication and public domain

Are folks who publish design details, implementing an idea, putting that idea's implementation into the public domain? Put another way... have these publishers, whether they wanted to or not: ...
4
votes
2answers
174 views

Fixing a poorly written patent application that has not been published

I have a patent application that was poorly written. There have been no office actions on the merits and the application has not published. I want to basically rewrite the app, or at least change it ...
4
votes
2answers
326 views

If a virus was not created by the U.S. government, what right do they have to a patent on it?

How can various American scientists be named as the inventors on this patent application (US 2012/0251502 A1) if the United States government is adamant they never created the virus? If the virus is ...
4
votes
1answer
91 views

Forgotten Prior Art - IDS

If I forget and/or cannot relocate a reference that would otherwise be required in an information disclosure statement (IDS) under duty of disclosure, are there potential inequitable conduct issues ...
3
votes
3answers
348 views

How long does the US duty of disclosure last?

37 CFR 1.56 says: The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned. ...
3
votes
2answers
257 views

Register prior art, but not wanting a patent

I'm releasing some source code as open source which includes a new, highly effective and efficient method of automatically classifying graphical data (image, video frames etc) as either pornography or ...
3
votes
1answer
65 views

Avoiding Declaratory Judgment When Sending Licensing/Cease&Desist Letters

I understand that if I send letters to companies asking if they want to license my patent, I risk a company seeking a declaratory judgment against me. Instead of licensing my patent, if I want to ...
3
votes
3answers
260 views

What is the line between obvious and novel?

I read somewhere that attempts to make the distinction of novel and obvious by If you combine two or more existing things in a way that would make sense to one of skill in the art to accomplish a ...
3
votes
2answers
248 views

Employer won't pay patent issue fee. What to do?

In a large American HQed company I worked, based on an engineering work my manager and I did, the company filed a US Patent Application at the USPTO on March 2013. I am the first named inventor in the ...
3
votes
2answers
991 views

Can bacteria be patented?

In reference to the patent: WO2013050792A1 How can bacteria be patented? It is not an "invention" whatsoever.
3
votes
1answer
214 views

3rd party filing a patent based on an idea posted to my blog

Can a third party file a patent based on a idea I have listed on my blog and made public under a creative commons license? Are improvements to the idea patentable if the original idea was published ...

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