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3
votes
3answers
859 views

Can a patent have more than one, multiple preferred embodiments?

Can a patent have more than one multiple preferred embodiments? Where is this discussed in MPEP?
3
votes
2answers
748 views

Can I patent a time machine?

Can I make a request of patent for a time machine that has as principle the use of the gravity?
3
votes
2answers
72 views

Supreme court decision in favor of Octane Fitness any good?

Having in mind recent supreme court ruling (Octane Fitness, LLC v. ICON Health & Fitness, Inc. case) in favor of defendant in patent infringement case several questions arise. What Octane ...
2
votes
1answer
57 views

European Patent

I have filed a provisional patent application in order to establish a priority date with the USPTO. That being said: does Europe have a similar mechanism to establish a priority date? what must I do ...
2
votes
1answer
66 views

Does non-enabled use constitute infringement?

Consider a patent with broad specification and claims. Would it be considered infringement if one then practices the invention in a way that was not PHOSITA-enabled by the spec/claims at the ...
2
votes
1answer
116 views

How to deal with two aspects of invention in claims

So, assume I have a software invention with two aspects. Let me provide an example to simplify things. Assume I invented a client and server. The client and server both communicate with one another. ...
2
votes
1answer
50 views

When would an entity decide to convert a provisional application to a non-provisional application

For the sake of simplicity, I will limit the scope to utility patents. In what scenarios would it be advantageous for an entity to convert a provisional utility application to a non-provisional ...
2
votes
1answer
66 views

Multiple references US vs EU

In the EU its customary to have claims like Method for... Method from claim 1 plus ... Method from claim 1 or 2 plus ... ... (only dependent claims here) Method from one of the previous claims plus ...
2
votes
3answers
526 views

Can forum/wiki postings invalidate a patent that was granted at a later date?

I have lots of ideas and, not expecting them to be unique or profitable (or knowing how to profit from them), I discuss them online, expecting the information to be helpful to others or expecting ...
2
votes
2answers
69 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 ...
2
votes
2answers
614 views

Expiration date of US5597520 [duplicate]

Can 3DSystems sue Formlabs over US Patent 5597520? If it was issued in 1997, wouldn't it have expired in 2007?
2
votes
1answer
108 views

Split an invention into multiple patents?

For example, if I have an invention with different implements, can I spit it into multiple patents that each of them doesn't contain others information? The reason may be to keep the competitor ...
2
votes
3answers
133 views

Who gets credit for providing CAD drawings for a patent?

My son is a senior in college majoring in mechanical engineering. He is well versed in the CAD software. A friend and local business owner approached him and asked whether he would be interested in ...
2
votes
1answer
132 views

My Grandfathers Patent - D94036

In 1934, My Grandfather (kurt Loesch) received a patent for an atomizer cap (D94036). The information I've found states that the patent was assigned to Lentheric - which was sold to another company, ...
2
votes
1answer
1k views

Inheritance of enforceable patents

There have been several recent questions in the form of “My [family member] was granted patent [x]. How can I claim it?”. So far, these patents have all been long since expired or assigned to ...
2
votes
2answers
3k views

Images were taken off Google Patent search

In reference to the patent: US20140338666 How come the images were taken off Google patents? Is this a bad sign?
2
votes
1answer
57 views

Is there an alternative to patenting?

Iv'e invented something related to increasing crop growth and need a way to protect my intellectual property. I'm in secondary school and applying for a patent( Iv'e researched on how and where) seems ...
2
votes
1answer
258 views

When does US Patent 5,720,421 expire?

I am trying to determine when US Patent Number 5,720,421 will expire. Since it was pending before June 8, 1995, I would assume that it has a term of 17 years from the filing date and will be valid ...
2
votes
1answer
83 views

Patent search firms

Is it more common for a patent attorney/agent to commit a patentability search to a search firm or to do it in house? In case of committing to a search firm: which prices are fair? how to choose the ...
2
votes
0answers
143 views

Prior Art Request for US20140296324 A1 (Virovek Incorporation) —Vectors harboring toxic genes, methods and uses therefor

This application from VIROVEK INCORPORATION seeks to patent a method of healing cancer! 10 minutes of your time can help narrow this US patent application before it becomes a patent. QUESTION - Have ...
2
votes
1answer
269 views

Detailed description of a system to suit system and method claims

I'm writing the detailed description of a computer implemented system. I have explained what the system does, that's where the inventive subject matter is. I have explained an exemplary architecture ...
2
votes
1answer
966 views

Is a patent enforceable based on a claim that is dependent on an independent claim that is not enforceable?

I would like to ask about the status of a patent if an independent claim is found to have been anticipated by a previous patent but a claim that is dependent on it has not. For example, what would ...
2
votes
1answer
44 views

Does my Proprietary Agreement with a solely owned Inc. Division extend to all divisions

Background I worked for a US based defense contractor by the name of Meggitt Defense Systems, Inc. (MDSI). Because the parent firm, Meggitt Plc was British, MDSI had to be incorporated with it's own ...
2
votes
2answers
316 views

If I claim a specific method in a utility patent, do my more general methods also get protected?

I'm considering patenting a method (a business model + software + UI, for use on personal computers). The method itself and the functions included in the method can be accomplished in various ways, ...
2
votes
2answers
2k views

USPTO different numbers for the same patent

How come sometimes a USPTO application/grant has many numbers form the same patent? For example: US6334845 (B1) is "also published as" US6422996(B2) and as US6413211(B2). I understand that the ...
2
votes
4answers
108 views

Do patentless idea implementations published on a web site enter the public domain?

If someone publishes build instructions for an idea on their web site, and never pursues patent protection, does that idea and its implementation: Enter the public domain? If so, when? If not, why? ...
2
votes
1answer
207 views

There is liquid formula that is patent pending on the market. Can i also get a patent for a similar formula?

There is liquid formula that is patent pending on the market but I have also developed a formula which works the same way but has totally different ingredients. Am I still eligible for a patent?
2
votes
2answers
63 views

How does the German Arbeitnehmererfinderrecht protect my rights when my employer has a foreign parent company?

Germany has a law called Arbeitnehmererfinderrecht, employee-inventors right that handles the rights of an employee who invents something at work. Basically, it says as an amployee you have to report ...
2
votes
1answer
381 views

What parts of Bouncy Castle are affected by patents?

Given that Bouncy Castle is an Open Source project, it's entirely possible that the contents contains implementations protected by various patents. Since it's possible for the patent holder to sue ...
2
votes
1answer
706 views

Patent issued in 2005 and now is ceased/expired due to failure to pay maintenance fees

If a patent has been claimed expired/ceased due to failure to pay maintenance fees, and I come in and assign the patent to myself (is this possible) I would also pay all the fees up to date. The ...
2
votes
1answer
74 views

Miscitation between patents due to human error?

In reference to the patents: US8159357 and its citation US7439887 The patents seemingly have nothing to do with one another, yet the patent examiner added the citation US7439887 (GIF decompression) ...
2
votes
1answer
2k views

Do divisional, continuation, and continuation-in-part affect expiration dates for patents filed prior to June 8, 1995?

As noted in an answer regarding the expiration of US 5,618,582, the effective expiration date of the patent was calculated as: The patent application was filed on June 7, 1995 and issued on April ...
2
votes
2answers
97 views

I was not named on this patent and I was the primary inventor, can I be added?

I was not named on this patent though I was the member of the team who developed this mechanism in its entirety based on the general usage scenario, up to and including building (and presenting) a ...
2
votes
2answers
2k views

When does a patent prohibit the use of a patented product in another product?

I have learnt that "A patent owner has the right to exclude all others from making, using or selling products or services containing the claimed invention." It is the "using" part I don't understand -...
2
votes
1answer
152 views

Information regarding my father’s invention?

In reference to patent: US 2,768,768 A My late father, Vern L. Boven, is shown on this patent for the caulking gun from 1953. Does this mean that he was the inventor? If so, did he receive any ...
2
votes
1answer
97 views

Expiration date of US 5,618,582?

I want to know the date of expiration of VanWinkel's Liquid Mask patent US 5,618,582.
2
votes
3answers
2k views

How can “non-infringement” be an “affirmative defense” in patent litigation?

This question might be rather academic. It is about patent litigation which is related to the US patent system. If a patent owner thinks, his patent is being infringed, the patent owner may choose to ...
2
votes
1answer
224 views

Is it not better in practicality to avoid searching software patents in your domain

Premises: Any complex software product uses many algorithms, steps, techniques and so on There's a patent on almost any method and system in software, even such that are trivial by now but still didn'...
2
votes
1answer
133 views

Non-publication requests and 3rd party prior art submissions

Can someone here please help clarify the following: For applications that have included a "non-publication request", at what time am I allowed to file 3rd party prior art against them before they get ...
1
vote
3answers
91 views

How to protect my idea/prototype at little or no cost?

I have an idea for a medical device that has been called "phenomenal" , "solid idea" etc...from medical professional friends of mine. Now I don't want companies in China to copy my idea...! Problem ...
1
vote
2answers
90 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 ...
1
vote
3answers
203 views

Criteria for patenting an item whose main part uses the design of a patent's part but whose function is diffrent

I visualize a way to modify - but principally leave intact - (only) one component of an existing patented, mult-component, commercial, marketed product whose conceived, intended, advertized, and ...
1
vote
2answers
1k views

Parent patent expired due to non-payment - are issued continuations still valid?

US patent 5938197 shows that it is expired due to non-payment (according to the search here: http://portal.uspto.gov/pair/PublicPair ). This patent has several children/continuations. Does the fact ...
1
vote
1answer
179 views

Is patent US 5,356,330 a real patent?

Is US 5,356,330 a real patent? The more I research patents, the more I am astounded. I am starting to believe that none of these patents are real. Perhaps this is an elaborate art project created by ...
1
vote
2answers
683 views

Provisional application drawings vs non provisional patent drawings

Can the drawings in a provisional application be less detailed than the drawings that will be submitted in a corresponding non-provisional patent as long as there are no material differences between ...
1
vote
1answer
43 views

Constructing multi-part system claims

What would be the right way to construct claim multi-component system that has their own construct? Let's say I claim meat production system (or actually ecosystem). I claim: A meat production ...
1
vote
1answer
280 views

Can Patent US 5350471 be re-patented after expiration?

Patent No US5350471 "Production of cross-laminated film from tube" was given patent in year 1993 now in 2013 this patent will automatically expire as it completing 20 years. Can this patent be re-...
1
vote
1answer
89 views

Do divisional applications have the same detailed description?

I read some patents, it seems they were divided from a single application as the detailed descriptions are the same. The question is, when an application is divided into multiple applications because ...
1
vote
1answer
33 views

Machine, device or apparatus?

What is the process to decide if the tangible invention is a machine, device or apparatus? Any line of thought and supporting examples is appreciated. A singular \ monolithic invention may fit any ...
1
vote
1answer
196 views

Is there a statute of limitation on software patents?

Is there a statute of limitation on software patents? If there is a statute of limitation, when does the statute of limitation period goes into effect, is it after the release of the software that ...

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