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What does the name "continuation in part" mean?

I understand that a "straight" continuation allows for the addition of new claims, but no new matter in the description. I also understand that a "continuation in part" allows for ...
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0 answers
20 views

How to find a good patent searcher?

I have searched for my invention and found some related prior art, but nothing which would prevent a good patent from being issued. There certainly are gaps in my search, however, and I'd like to hire ...
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2 answers
68 views

Why novelty of the idea is required when non-obviousness apparently already covers the requirement?

What I understand about novelty requirement of an idea is that, The idea is required to be new from the existing prior arts. And by the non-obviousness requirement of the idea is that, The idea is ...
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Is my Grandfathers patent 243095 expired? Can heirs still claim it? Who was Commisioner of patents 1947?

It was application 725139. Lawyers were Clarence O'brien and Harvey Jacobson.
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2 answers
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Partial infringement of patent

I had an idea for a child safety product in early 2020. Between then and now (my idea is still in design stage) a similar product has appeared on the market. They have a patent application pending. ...
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2 votes
2 answers
38 views

Are the dependent claims still infriengble if the independent claim is meaningfully different from mine?

I have made a product and another company got a patent on a similar idea. Problem is that their first independent claim looks meaningfully different(in my opinion) from mine but there is the same idea ...
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2 votes
1 answer
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Non-analogous art on the IDS

I am an independent inventor who's planning to file a pro se US patent application. My understanding is that the IDS is supposed to contain all references material to the prosecution of the ...
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1 vote
1 answer
57 views

What are the advantages and disadvantages (if any) of requesting an early publication?

As simple as that. In the case of a PCT process: a) Is there any advantage in requesting an early publication before getting the result of the International Search Report (ISR) and the written opinion?...
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1 vote
1 answer
37 views

Is it okay to modify existing patent and file it?

Sorry for the dumb questions but as an engineer I am trying to file a patent myself. I was advised to copy the existing patent that is very similar to mine and start by modifying it for my own idea. ...
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1 answer
70 views

Is it a good idea to publicly release an idea after filling PCT application but before ISR is published?

Is it a good idea to put an idea included in a PCT application in the public domain so that it becames prior art? Is it a good idea to do so before the International search report is done? And after ...
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1 vote
1 answer
36 views

Is it possible to patent an operational workflow in EU?

I am designing a process something like "order online and collect" or "load parcels to a van in the order of the destinations to make unloading easier" (if these were novel). Is it ...
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2 answers
119 views

Is it worth it to apply for a preliminary examination in a PCT process?

How does a preliminary examination report help in the PCT and patenting process? What are the consequences and advantages of international preliminary examination? Is it worth it in terms of time and ...
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AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS not updating

This report is the last time Technology Center 1650 updated their date: https://www.uspto.gov/web/offices/com/sol/og/2019/week19/TOC.htm#ref16 Which shows as "Report last updated on 03-31-2019.&...
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1 answer
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Can I restore material from a parent application deleted in an intervening CIP and not lose the parent’s priority?

The parent application was filed in 2019 based on a provisional filed in 2018. I didn’t fast track the parent, thus it is still pending, and it contained enough material for several patents. Since ...
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  • 227
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1 answer
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Does adding an Applicant's other patent as prior art to a nonfinal first office action in response to a claim rejection require a reexamination?

If I add my recently issued patent as an argument or citation for patentability and non-obviousness in support of a claim rejection on a nonfinal first office action, will the patent have to go ...
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I would like to protect a technique I use to teach meditation

I have a method I use for teaching meditation that I would like to patent, or at least protect. Suggestions?
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1 vote
1 answer
70 views

Is it legal to use a nominee in a patent application?

Since patent registries are fully public, i was wondering whether it is legal to use a nominee as patent inventor to preserve privacy. I tried to google for this, but I was only able to find results ...
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  • 145
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1 answer
21 views

Transfering ownership before grant

I (private individual) am going to apply for a patent, and would like to subsequently transfer the ownership of this application to a newly formed company. Is this possible or do i have to wait until ...
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  • 145
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1 answer
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Prior Art consideration

Case 1 - data are taken from 'A', an element known to prior art; said data are processed (a novel process) and results are useful for field 'B' to the extent that they meet part of its requirement. ...
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1 answer
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Does anyone know where I can find details about the Roshal archive (RAR archives)?

Does anyone know where I can find details about the patent concerning the compression logic for Roshal archives? RAR archives are somewhat common nowadays and I would like to read up on the exact ...
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2 votes
1 answer
55 views

If I extract a raw material using a patented invention in a country where it isn't patented, can I then export the material to countries where it is?

Basically, I operate in country X extracting aluminium. I use a process that is patented in countries A–P to extract this aluminium. Can I export that aluminium from country X to any of the countries ...
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1 vote
2 answers
73 views

Can I answer a 112 rejection of a method claim by making it less specific?

A patent with the composition claims has already issued (11,090,320), and this is a divisional. My main method claim as filed has the steps of (among others)— Original claim -- A method for reducing ...
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  • 227
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2 answers
31 views

Protecting easily replicatable idea

I work as a web developer and I've been toying with an idea for a while. Today I had an idea that would make my idea less expensive and more achieveable. The problem is my idea would be easily ...
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  • 101
1 vote
1 answer
35 views

Patent Prosecution - SEQ ID NO

When drafting patent applications, can we skip certain numbers from the SEQ ID NOs? (This is just for convenience, so that I don't have to go back and renumber everything.) for US/PCT/worldwide, ...
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1 answer
17 views

Find UK patent detail

I am looking to see if I can patent a product in the UK, I have seen another company who sells a similar product to ours. I have done a patent search and they are in the process of registering a ...
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1 answer
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We have a patent in China (only) and it was registered in jan 2021, we want to register it in the UK do we have priority

Our manufacturer has a patent in China (only) and it was granted in jan 2021, we want to register it in the UK, do we have priority. We have seen another UK company is registering a similar product in ...
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2 votes
3 answers
86 views

How can I prove to someone that the inventor of an USPTO-granted patent is actually me?

What are the reliable ways to justify to a third party that the inventor of an USPTO granted patent (i.e. linked in google patents) is actually me (given that I am the real inventor)? Update: As Eric ...
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0 answers
17 views

Structure of the EPO law

When I have to look at some rules or laws or the like from the EPC, I always struggle to navigate to the correct phrases. When I simply google for what I'm looking for I get there in seconds but I ...
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1 vote
1 answer
33 views

Amend patent claim in opposition due to lack of clarity

I'm doing some exercises from the EPO and struggle at this one: In opposition proceedings a patent proprietor has proposed amendments to claims 1, 3 and 4 of its patent to overcome issues of novelty ...
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  • 135
1 vote
1 answer
28 views

Patent granted with a terminal disclaimer that violates my provisional patent, what to do

Company A was granted a patent in April of 2020. I filed a provisional patent application in January of 2021 that did not violate Company A's patent. Company A applied for and was granted a second ...
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1 answer
32 views

Why no sue for using linked list?

I found a patent with active status apparently claimed the linked-list data structure. A computerized list that may be traversed in at least two sequences comprising: a first sequence of items that ...
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1 answer
32 views

Can it be patentable?

Lets say, there is prior art PA whose claim is a method comprising steps A -> B -> C -> D. The method is used in a complex system S, as a part along with many other different components of ...
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1 vote
1 answer
25 views

Prior art and claim

If one writes the main claim by using a classifying part and a characterizing portion of this claim, then the classifying part reflects the known prior art or its features and the characterizing part ...
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1 answer
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What will happen when a patented prior art is found after the patent is granted?

What will happen when a prior art is found after the patent is granted? A patent P was granted by USPTO and after the patent is published, a prior art PA of the P is found. Now what will happen to the ...
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2 answers
51 views

Verbatim copy from paper draft in a patent application

I am working as scientist for a university in the EU. We have submitted a paper manuscript to a renowned journal. The manuscript got reviewed and finally accepted. Already upon submission, we asked ...
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2 answers
30 views

For how long does one have the right to say "patent pending" after submitting a provisional patent application in the United States?

I read on https://www.legalzoom.com/sem/ip/patents.html (mirror): For how long does one have the right to say "patent pending" after submitting a provisional patent application in the ...
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1 vote
2 answers
52 views

How to define a custom term in a patent claim?

How to define a custom term in a patent claim? I want to define a custom term in my claim and the term will be used in later parts of the claim. For example, A method of an electronic device, ...
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1 vote
1 answer
79 views

Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim?

Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim? If a transitional phrase, "comprising" covers broader scopes than a ...
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1 vote
3 answers
33 views

EPO application-Slight constructal changes on dependent claim

In EPO application, there is one document in search report and publication date of that document is after my priority date. The examiner says my 1st claim is not novel over D1. However, D1 doesn't ...
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2 answers
34 views

Why not merging multiple patents to save money?

Why not merging multiple patents to save money? I often find single company, single inventor submitted multiple patents at the same time. We all know that, to apply for a patent companies need to ...
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0 votes
1 answer
18 views

On average, how often do university faculty file patents?

I'm helping a small college set up their Engineering program, and the administrator I'm working with asked a perfectly valid question: how often will they have to deal with this? How much budget ...
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  • 1
0 votes
1 answer
36 views

Infringement under the Doctrine of Equivalents

I’ve been reading about the doctrine of equivalents, it is said that a product/process is said to be infringed under doctrine of equivalents if the substitute element of the accused product/process ...
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  • 3
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1 answer
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Meeting and novelty

Case A: Company A and B begin cooperating with each other and in a meeting, company A discloses an invention to discuss and move further. Case B: Company A and B sign a NDA and do the same. Is any of ...
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  • 135
1 vote
2 answers
42 views

Does re-creating the scientific calculator casio fx-570MS as software application violate copyright law?

I'm trying to re-create the scientific calculator casio fx-570MS: My app on Android will look like this: The idea is I physically (no reverse engineering - that is no code touch, every code will be ...
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1 vote
1 answer
36 views

Filed a provisional that I did not follow up on—is it prior art?

I filed a provisional utility patent less than a year ago. Since then, I received a few notices which I did not follow up on, and the application was abandoned. I think I have two options now, which ...
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  • 113
0 votes
1 answer
19 views

Period time to pay renewal fees for european patents

I'm participating in some EQE training and there is this question/answer: Most fees for European patent applications cannot be paid before their due date. One exception is renewal fees, which can ...
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  • 135
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1 answer
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What are the consequences of demonstrating an invention in public before applying for a patent?

What are the consequences of demonstrating an invention in public before applying for a patent? Let's say I have a hypothetical invention. Let's assume it's a valid invention and it is clear of any ...
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  • 113
1 vote
1 answer
49 views

Can I find how much a Patent holder recieved in royalties for making it available under licence?

I want to find out how much a specific patent holder has drawn in royalties on the licence for a particular patent. Is this possible? I realise where a company's accounts are public, I can identify ...
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  • 113
0 votes
1 answer
72 views

Can my idea that was published in my own blog still be patentable by me?

Can my idea that was published in my own blog still be patentable by me? Case 1: I have an innovative solution of a problem that was published in my websites blog. After couple of years I rethink and ...
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1 answer
15 views

drawstring restringing system

I am an engineering student trying to contact the owners contact information in order to ask them a few questions regarding their design I was wondering if I could receive a phone number or email to ...
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