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What does the term "embodiment" mean in the software patent?

What does the term "embodiment" mean in the software patent? I often see this term embodiment in the patent documents (i.e. 1st embodiment, 2nd embodiment). Dictionary meaning of the term ...
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1 answer
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Scope of a feature "..connected together"

I guess this question relates to General and specific feature. In the patent EP 2778 117 there is written in [0018]: "The outer layer (1) can be made of single material, such as leather, or ...
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2 answers
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General and specific feature

I'm trying to understand the relationship between a general and a specific feature. I'm specifically relating to an EPO guideline: Generic disclosure and specific examples In considering novelty, it ...
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  • 135
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1 answer
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Can ML applied on an existing idea be patented?

Can ML applied on an existing idea be patented? Lets say there is a prior art patent P whose claims C cover the methodology steps S. Now the P did not claim any ML (machine learning) approach in their ...
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1 answer
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Material / Quantity specification

Let's assume we have a patent that describes a textile product containing > 30 % cotton. Would another aka the "same" product infringe this patent if: it would have 70 % cotton it would ...
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  • 135
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1 answer
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Can co-inventor add other co-inventors without my knowledge?

A little under a year ago, I filed my first provisional patent (in the USA) with a very small group of people. Recently, it came to my attention that one of the co-inventors has added a bunch of other ...
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1 answer
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Can a patent issued before Alice, but suspect of not meeting its standards now, be invalidated at the PTAB?

I agree with some if not most of the fundamental principles of Alice despite its somewhat ambiguous construction as of now. Presumed is a patent issued pre-Alice, and post-Alice be found not meeting ...
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1 vote
2 answers
29 views

Is the language '[a] method as claimed in any preceding claim" only available if a special fee is paid for combinations, variation or permutations?

I have a somewhat vague recollection that you can pay an extra fee that will entitle you to the variations, combinations and/or permutations of the individual claims; if you add a language like that ...
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1 answer
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After NFOA, can you amend your independent claim by subject matter in your description although not claimed first without substantial repercussions?

It is a general practice to pull in dependent claims into the independent claim after the first NFOA to make it pass with a narrower scope especially when a dependent claim has already received Notice ...
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1 vote
1 answer
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Is the "Notification Date" the same as the "Mailing Date of [the Office Action]"? ...and relating ambiguities

An NFOA includes that the "[s]hortened statutory period for reply is set to expire 3 months from the mailing date of [that] communication"; however, the language mailing date appears rather ...
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1 vote
1 answer
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Receiving NFOA way after an appeal brief was filed after a complete final rejection & rejective advisory action, does it indicate room allowance?

Bob receives a final rejection in August, 2020, without anything allowed or even indicated that any change could over come the rejections and allowance could be achieved. Bob files a files an action ...
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1 vote
1 answer
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Why doesn't Samsung remove the non-essential software patent features to prevent patent war?

Commonly why doesn't patent infringer just remove the infringing features if they are not that important to their products. For example, in the Samsung-Apple smartphone patent war, the software ...
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  • 113
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1 answer
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Expired Patent US1704999A

My great grandfather held a patent that was created in 1929. I know the patent is expired, is it possible that the patent was passed on to somebody?
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1 vote
1 answer
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Bacteria was used treat cancers at one time. Did the manufacturer, Parke Davis, ever patent these cancer treatments called Coley's Toxins?

A Commotion in the Blood. By Stephen S. Hall. Page 117 "a further discouragement in terms of the toxins is that without patent protection on a hundred year old treatment, there is little ...
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1 vote
0 answers
18 views

Licensees of standard essential patents

Does anyone know of any lists providing the licensee of SEPs within a handful of industries (such as IoT, cellular, wifi and similar)? I'm trying to investigate how SEP licensing fees may affect small ...
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2 answers
33 views

Change of inventorship after allowance

Can my employer remove my name from a patent after it is allowed (but not issued yet) and the fees are paid for?
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1 vote
2 answers
30 views

How would you find someone with expertise on selling to Patent Assertion Entities?

I've tried googling all sorts of different sentences trying to find information on PAEs. Nothing that comes up is of any use. Here is my situation: My patent was granted in 1 country, pending in ...
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  • 121
1 vote
1 answer
35 views

Which tools works for patents analytics?

I'm looking for getting some insights though patents analytics to know if my company's products are patentable. I already check some papers about it. I'm just starting so it would be cool to get an ...
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1 answer
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Reducing the number of patent claims

I have a patent application with 45 claims, one independent claim. Some of the claims are for explanation. As an example, the first claim includes: determining x from y; and processing x. Some of the ...
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  • 123
1 vote
1 answer
60 views

For an appeal to the Patent Trial and Appeal Board (PTAB), what is the precise meaning of "twice rejected"?

It appears that I will have to appeal the decision of an examiner, and if I could do so without waiting for a final rejection, I might be able to catch the tail end of the Fast-Track Appeals Program, ...
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  • 227
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1 answer
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Notice to File Corrected Application Papers

I forgot to number my claims and they asked for the required items (below). Required items: Replacement claim(s) commencing on a separate sheet in compliance with 37 CFR 1.75(h) and 1.121 is required. ...
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2 answers
21 views

Does the number of a feature play a role?

Does the number of (embodiments) of a feature play a role? Let's consider a chair: The prior state is a three-legged chair. Is a chair with four legs patentable? The prior state is a four-legged ...
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  • 135
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1 answer
38 views

Have Apple patented "back tap" feature for mobile devices?

Have Apple patented "back tap" feature for mobile devices? One of the coolest features of Apple iPhone, iPad is back tap. Users are able to enable and associate "double tap" or &...
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3 votes
0 answers
34 views

Citing a blog in background information (not prior art)

For a USPTO utility patent, in my background section I would like provide a reference to an interview (the interview included in a blog post available at archive.org). This is not a prior art ...
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  • 131
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1 answer
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Phenacetin as registered trade name

Phenacetin [acetophenetidin] was patented by Bayer in 1889 [US 400,086] - the only country to award this chemical a patent; the name was a trade name in most countries, and its use as a generic term ...
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  • 1
1 vote
1 answer
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What is the difference between withdrawing an application (MPEP § 1308) and expressly abandoning an application to avoid publication (§ 1125)?

More specifically, what effects does withdrawing an application have? And what effects does expressly abandoning an application have?
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  • 15
2 votes
1 answer
65 views

A previous employer has patented something I helped invent but hasn't included me as an inventor. What are my options?

I was browsing patents filed by an old employer and noticed that some tech I worked on has been patented. While I was there, I was told this would be a trade secret and wouldn't be patented. The ...
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  • 121
1 vote
1 answer
47 views

What are the rules for measuring patents obviousness and generalization?

We always try to make our claims scopes as much generic as possible at the same time overtly generalized claims often fall under obviousness. Is there any criteria or specific rules to measure a claim'...
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1 vote
1 answer
21 views

Are PPA’s searchable?

I would like to know if my PPA will be open to view by anyone who searches in a database. If it's so, where is this database on the USPTO website?
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0 answers
11 views

Proper use of "in view of/against/over" applicable to patentability

Are in view, against, and over interchangeable when talking about inventions to be patented? E.g.: Invention A is obvious/not novel against/in view of/over invention B. You could see in a patent ...
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  • 133
2 votes
0 answers
27 views

How to protect my idea after the 12 month PPA expiry?

how do I continue to protect my idea after my 12 month PPA expires? The USPTO states “A provisional application for patent has a pendency lasting 12 months from the date the provisional application is ...
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1 vote
0 answers
24 views

How to Understand CNIPA's National Interest Rules

Last month my patent was fully granted in Japan. I have only a short while longer until my PCT 30 month period expires. China is interesting to me especially for Hong Kong. I watched a video on ...
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  • 121
1 vote
1 answer
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Are there documents or information made public during a patent application?

Are there documents or information made public during a patent application? I am wondering if there's anything made public when you file for a patent application, or if any information is only made ...
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  • 125
1 vote
1 answer
28 views

What kind of documents are patent offices allowed to ask?

What kind of documents are patent offices allowed to ask? May a patent office ask for the source code, implementation details or other sensitive documents about how the technology can be reproduced or ...
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  • 125
0 votes
1 answer
23 views

How to find the patents an agent has drafted or prosecuted?

Left with no other choices, and convinced by the comments in here that using an agent is better than doing it by myself, I'm in the process of finding an experienced patent agent able to draft a good ...
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  • 145
0 votes
2 answers
28 views

How much information about my invention can I disclose to a large audience without compromising my ability to patent the invention in the future?

I'm currently working on a new energy generator as part of an independent engineering research project at my university (in the US). I have the idea fine-tuned, and I'm ready to build the prototype. ...
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1 vote
1 answer
35 views

Where I can find a translation of a Greek patent application?

I´ve been trying finding the translation into English of the Greek patent GR1004996B, by searching at WIPO patentscope, Espacenet and Google Patents, and didn't find it. There are just the original ...
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0 votes
2 answers
42 views

Do I need permission when using Arduino and other electronics for constructing a new device that I want to patent?

Do I need permission from the manufacturers when using Arduino and other electronics (such as DC/DC voltage converters, LCD screen and other common electronics) for constructing a new device that I ...
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1 vote
0 answers
21 views

Patent abandonment and revival

I would like to reapply for my own abandoned patent modification that I had to reluctantly abandon because I couldn't afford the periodic fees. If indeed there are exceptional circumstances such as ...
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1 vote
1 answer
23 views

Advantages of an early continuation application

I've been told that having an ongoing continuation application on an open submission is often desirable, and increases the value of the patent, should one seek early sale. Also, by googling this ...
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  • 145
0 votes
2 answers
53 views

Can you patent in a futuristic idea with great detail

Like a space industry idea for AI are in an immortality idea etc using a pre vision patent and a great detail but not a physical product yet then license it to companies are super AI concepts or idea ...
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0 votes
2 answers
37 views

Hypothetical: Patent Infringement without a Manufactured/Marketed Product

I am relatively new to the world of patenting and IPs, and I had a quick question for the following hypothetical scenario. Say that I submitted a patent only to find out later that someone else has ...
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2 votes
2 answers
145 views

Are there differences between Google Patents, Espacenet, The Lens and PatentScope?

Before I begin an extensive search, are there important differences between Google Patents, Espacenet, The Lens and PatentScope; or is it a matter of usability/preference?
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  • 125
0 votes
1 answer
52 views

How do I find a patent from its number?

How can I find the patent with patent number P53958US00?
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0 votes
1 answer
48 views

Does a patent application search on USPTO.gov cover granted patents as well?

I'm trying to do my own patentable idea search but noticed that an idea might appear in the USPTO granted/assigned patent database as well as their patent application database. How can I perform a ...
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  • 125
0 votes
1 answer
25 views

times of deviation US8708791B2 [closed]

I read the patent multiple times but getting confused with the claim point "analyzing, by the at least one game server, the game play data to determine individual players' typical gaming styles ...
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1 vote
2 answers
64 views

Can an applicant cite the prosecution record of a patent reference?

I've received a first rejection that cites 2 patents, but only one is a problem as it claims an entire drugstore of possible combinations for treating a likewise enormous number of diseases, but ...
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  • 227
1 vote
1 answer
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Can an individual applicant assert micro entity status for their 6th patent if they asserted small entity status on their 4th application?

Assume Bob files 3 apps as a micro entity, and rightfully so. Bot misunderstand the rules, and thinks only 4 apps can be claimed as a micro entity. To twist it further, he decides that patent 5 is ...
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1 vote
1 answer
38 views

How to understand options for filing an Extension of Time request for OA response?

From MPEP documentation I am not understanding the difference between forms for 37 CFR 1.136(a) vs. 37 CFR 1.136(b). The former clearly states the relevant fees; the other does not. The latter one (b) ...
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  • 793
0 votes
1 answer
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What if I don't want to file a patent on a potentially novel idea. Can someone else patent it even after I begin working on it?

Working on a project and found an element that can potentially be patentable. I do not want to go through provisional filling yet. Nor do I want to disclose it. Just thinking for now wherever or not ...
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