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1answer
26 views

Patent Claim Drafting

why in US a preemptive claim is patent ineligible and why the absence of complete preemption also does not demonstrate that a claim is eligible.
0
votes
1answer
40 views

Multi dependent claims (Uses and Advantages)

What is the significance of multi dependent claims in infringement analysis? What are the advantages in claiming multi dependent claims over normal claims?
0
votes
1answer
37 views

Claim Status Identifiers

Does a dependent claim's status identifier change to "Currently amended" if amending only the independent claims from which it depends? The dependent claim is not amended. Examiner is suggesting that ...
1
vote
1answer
65 views

Abandoned Patent

In 2011 my partner and I abandoned a patent application after publishing because of spiraling costs, since then he has made another application with his new business partners in 2015 which is ...
1
vote
1answer
33 views

Current status of US06/078,118

What is the current legal status of US patent application number 06/078,118? on Google patent it is "expired", while on Public Pair it is "patented case".
1
vote
1answer
36 views

How to counter a pending application

Following a question that appeared here before, What are the ways to fight\counter a pending application? I know you can file a third party preissuance, but what if it is past the date of eligible ...
2
votes
2answers
38 views

Prior art time relevance when filling continuing application

I was wondering whats considered a prior art when dealing with a continuing application? From reading online, once a continuing application is approved, it receives the allowance date of the original ...
0
votes
2answers
30 views

Same usecase, different method - is this infringement?

So we are a cash strapped startup with almost zero budget for a proper FTO. We have done a patent landscape analysis in order to get an idea of similar patents. To date, we can't find any similar ...
-2
votes
1answer
25 views

WO2011115992A3 status?

I would like to know if the patent WO2011115992A3 can be considered as abandonned, quoting for australia country, as their is no answer from the creator to the international report since 7 years. ...
1
vote
0answers
21 views

Challenging a patent application

A PCT has been published, in its National Phase, in the US on 18 Oct 2018. I have formally challenged this through the proper channels and assume that it will fail to be granted (it is entirely based ...
1
vote
1answer
31 views

EPO Continuation Application

Similar to CON and CIP application in US, is it allowed to file a continuation application with new subject matter in EPO ?
1
vote
1answer
41 views

Third party preissuance for a rejected application

I have come across a patent that was granted 9 months + 10 days ago, the patent is very obvious but it was somewhat restricted in its implementation. I have now seen that the inventor filed another ...
0
votes
1answer
13 views

How do introduction rules of an invention's elements apply when you have several embodiments?

I have several embodiments of similar devices that all do the same thing, but in slightly different ways. Many of them use some of the same elements (pieces). So my question is this: as soon as I ...
0
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1answer
47 views

infringing on a patented “tangible” algorithm?

I have 2 questions regarding algorithm "tangibility". Let me give an example. Suppose I had this great algorithm for music processing, and at the heart of the algorithm is this special set of ...
1
vote
1answer
30 views

Claim Interpretation 35 USC 112

Is it possible to use Claim interpretation under 112 sixth paragraph (35 USC 112 (f)) only for patent invalidation without using 112 second paragraph (35 USC 112 (b))?
3
votes
1answer
42 views

What do the numbers next to each section in a patent mean?

For example, in this patent, what does the 12 next to "United States Patent" mean, or the 10 next to "Patent No."?
1
vote
0answers
19 views

Citing a Foreign Patent--How do include a copy?

So I'm including a foreign patent in my Information Disclosure Statement (IDS), and my resources tell me I need to include a copy of non-US patents. How do I do that? I plan to file via efs-web. I ...
0
votes
1answer
34 views

Language in claims for individual instance of a plurality

An element in an independent claim reads: a plurality of widgets Since everything I've read says you MUST refer to "said plurality of widgets" or "the plurality of widgets"... Also, if you may ...
1
vote
2answers
32 views

Page Numbers on Existing Patents

I'm filing nonprovisional utility patent and trying to fill out the Information Data Sheet with the related art. It requires page numbers. I've looked both on Google Patents and the USPTO's Full ...
1
vote
2answers
57 views

Can I sell this patented product outside the US?

I'm trying to reproduce this product: https://patents.google.com/patent/US20160324283A1/en but I wondered if I could sell it outside the US since it has the WO patent... Thanks!
0
votes
1answer
29 views

Can patent description refer to drawings

Can patent drawings be described in the detailed description of the patent? Can the description refer to a drawing as a whole or only its elements by their reference number? In other words should the ...
0
votes
1answer
38 views

PCT International filing

Filing a patent application with USPTO, and the same day filing the same patent application internationally (PCT); does it entitle to a fast response? I've seen a case receiving the first Office ...
3
votes
2answers
676 views

Patentability of a specific method of web content filtering

My friend is the creator and vendor of a web content filtering software. His clients are ISPs who then offer this service to their customers. Recently his clients received a very threatening "cease ...
0
votes
1answer
16 views

Rules of thumb for sorting content into Specification vs Claim

When faced with the question: Does this content belong in the Specification or the Claim, What is: The line of thinking? Questions one should consider Expectations of the USPTO examiner? that one ...
1
vote
2answers
58 views

[In]Validity of Patents

Does every patent invalidity search is conducted to overcome the threat of infringement suits imposed by their competitors? Can parties invalidate patents of their competitors without showing concerns ...
0
votes
3answers
47 views

How to develop intuition for writing claim?

I've seen many patent claim examples, and I've tried to write some myself, but each time it feels like I cannot adequately describe/articulate the invention to the level that is needed for the patent ...
0
votes
1answer
34 views

where can i fetch the PDF for the reference AU2018900444A0

Since the reference AU2018900444A0 is published and assigned to Resmed, where can i fetch the PDF for the said reference. Your help will be appreciated.
-1
votes
1answer
26 views

Adding onto an existing Patent

So, I came up with an idea, and after some research, I've identified someone doing it already and they own a patent. My idea has some variances, but they are similar. I'd like to avoid disclosing ...
1
vote
2answers
30 views

“Importing” into Patent-Issuing Country

I have a patent for a controllable-pitch propeller. I have filed successfully in the US and the patent should issue shortly. For various reasons, I did not file in foreign countries. My question is,...
3
votes
3answers
77 views

Can talks qualify as prior art?

I am a PhD student and recently found that a patent exists with significant overlap to my work. I.e. my situation is roughly similar to that described in https://academia.stackexchange.com/questions/...
2
votes
1answer
43 views

Can a business idea be patented (in India)?

I have a business idea which will take a year atleast to implement it. Just want to ask if a business idea is patentable or not (In India)?
4
votes
2answers
53 views

Sign patent assignment without reading it

My former company has asked me to sign several patent assignments since I left the company but they only ever send me the final signature page. I didn't care about signing the ones I knew about when I ...
0
votes
1answer
26 views

Are patent applications publicly available?

Are patent applications of pending patents publicly available? If so, can they be download somewhere?
0
votes
1answer
35 views

US App Developer Patent Troll Avoidance Checklist — Publishing as individual vs as Company

I am working on a checklist (or list or strategies to consider) for new individual developers residing in the US who are about to release their first app, but are worried about patent trolls. Whether ...
0
votes
1answer
27 views

US App Developer Patent Troll Avoidance Checklist — To Release In The USA or not?

If a US-based software developer distributes their application worldwide everywhere except the US, is the developer immune from infringement suites from patent trolls in the US? Does this affect ...
1
vote
3answers
72 views

Patent Claim Interpretation

In patent claims why the clause 'based on' is considered to have a broader scope as compared to the other clauses (e.g. using, depending, etc.).
0
votes
1answer
34 views

Patent pending - US and EU procedure and

I am ready to start searching for a grant or investor for developing my technology. It's two days I am looking for information, but really, I understand nothing from the articles online. I was ...
0
votes
2answers
65 views

How precise does a patent have to be when it is describing the usage of a neural network?

While preparing a presentation about metadata, I stumbled upon the following patent: Automatic extraction of metadata using a neural network. I have no experience with patents, but the strategies for ...
0
votes
1answer
21 views

Can the same patent be extended to a new country without one of the original co-author

Back in 2017 I signed a patent contract with the company in which I used to work as one of the co-authors of an invention that was going to be patented in Europe. In this contract I was forced (...
0
votes
1answer
289 views

What do we mean by the status: Application in Amended stage

The status of an Indian patent post-examination is "Application in Amended stage" What do we understand from this status?
0
votes
1answer
20 views

writing check to pay USPTO is good or not?

I need to pay USPTO $100 because my Micro Entity Application was filled incorrectly. I plan to pay by check. From the website, I read the following: Check or Money Order – make payable to "Director ...
0
votes
2answers
33 views

Cross-Reference to Related Applicaitons

(B) Cross-Reference to Related Applications: (See 37 CFR 1.78 and MPEP Section 200.) If this patent is related to other patents, or based on earlier-filed US applications, it will be stated right ...
0
votes
1answer
37 views

What is the purpose / benefits of a track 1 USPTO examinination?

Track one patent examination expedites the examination process to 12 months. The cost is high, even for a micro entity at $1K. What is the advantage of a faster exam process from a business ...
0
votes
1answer
23 views

Claim language and use of “means”

I am writing a patent for a vice grip tool where I have designed a new release lever to open the lock but I want to include the original vice grip style release lever design in the claim. I am ...
1
vote
1answer
36 views

Legality of filing before there is an agreement?

An acquaintance is in the following situation… Bob is a PhD student. His advisor would like him to patent his work in the medical field. Bob writes patent application. Advisor adds another ...
1
vote
2answers
45 views

How should I structure the “Advantages” section of a patent application?

On page 210 of Patent It Yourself (18th edition), it explains that you can list the advantages of your invention in a narrative form. g. Advantages Although it is optional, you may list the ...
1
vote
2answers
47 views

Could i Patent something in the USA, not being USA citizen?

I want to Patent something in the USA,but i'm from Argentina. Could i Patent something in the USA if i'm not from the USA? Could it be done Online sending digital documents?
0
votes
1answer
16 views

No publication number? [duplicate]

What does it mean if both the "Earliest Publication No:" and "Earliest Publication Date:" entries in publicpair are blank ("-")? As a follow-up, how would I go about finding the publication number for ...
0
votes
2answers
53 views

What is the publication number of a patent?

I'm on the publicpair website and I can't find the publication number for a specific patent I'm researching; is there a place where the pub. number is located, or am I supposed to somehow derive it?
0
votes
1answer
25 views

Odometer original patent paperwork and drawings [duplicate]

I am related to the person who invented the first automobile odometer which was on the steering wheel. (No dashboards back then). Does this document have any value? Patent number 1914424 is in my ...

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