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95 views

what is meant by "Deemed withdrawal of patent application after publication" ? is the patent still holds or its withdrawn?

i am working to sell a product whose patent search results show that "Deemed withdrawal of patent application after publication (patent Law 2001)" someone please explain this to me
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2answers
22 views

Provisional vs non-provisonal utility patent?

I am trying to get a patent on an invention, spoke to my patent lawyer and he stated that the patent search looked good and asked me if I wanted to proceed with a provisional patent or a utility ...
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1answer
26 views

Two alternative element in one independent claim

Can I use two alternative element without broder statement without covers both? (In one independent claim) (In EPO application) In example, X comprising (A or B) and C (it is an independent apparatus ...
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1answer
38 views

How do companies like ARM handle improvements to their patent licenses?

I am trying to get a clearer picture of how companies like ARM manage to stay afloat with just IP/Royalties. Recently ARM licensed some of it's instruction sets to Apple in order to design/build the ...
1
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1answer
36 views

Adding linking claim to defeat species restriction

The invention is a method and composition to treat a medical condition — a CIP with 20 claims initially. The examiner has required election between the method and composition claims, and election ...
1
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1answer
72 views

Calculating a patent expiration date from PAIRS and Patent Term Calculator

I would like to know the expiration date (within 6 months) of several older patents which expired because the fees stopped being paid. I am missing an input to figuring out the expiration date, namely ...
2
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2answers
54 views

Questions about derivative process and abusive disclosure

So I recently filed a provisional application for an IP that is a process attached with extreme significance in bioinformatics - a data analysis process that can be used to make a health service 1/...
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0answers
30 views

Patenting computer software/method that uses public domain aspects

Is it possible to patent or maybe copyright a process of protecting say a file format as a software utility patent, or another type of patent if it uses free domain technology? The main hurdle I am ...
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1answer
38 views

How common is it for public companies in US to sue each other regarding patent?

I want a rough estimate and does not really need the exact number. Is it more than 500 per year overall? more than 100? So I want to know how common is it for these companies to litigate each other.
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2answers
31 views

Is each step in a claim separately protected?

In order to infringe on a US patent, does every step of at least one claim need to be implemented or is each step in a claim separately protected?
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1answer
20 views

Who is the Registered Owner of the Following Patents and is Their Assignee Recorded?

What person or group is the registered owner or registered assignee of the following design patents 8257475 9182080 9574710 10100980
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1answer
28 views

Foreign filing of a U.S. based patent before PCT or disclosure

So if I had a U.S. provisional or non-provisional that wasn’t yet published, disclosed in any way, and was not yet filed as a PCT is there anything stopping a foreign country from doing so? Say in the ...
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1answer
82 views

I have application number and attorney docket number, but I could not find application status on the USPTO website

Our lawyers filed a patent on April 20th, 2021. I need to see the status of it on the USPTO website. I tried searching on public pair using the application number. https://portal.uspto.gov/pair/...
2
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1answer
107 views

Can I patent an application of a popular technology?

Can I patent an application of a popular technology? Let's say Blockchain is a very popular technology nowadays and there are hundreds of applications proposed and ongoing in many different domains ...
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1answer
33 views

USPTO classification databse

I´m new in research in patent classificacions and need to get the CCL: Current US Classification, CPC: Current CPC Classification, CPCL:Current CPC Classification Class and ICL: International ...
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1answer
37 views

How to represent arbitrary text in a patent drawing

I am doing drawings for my utility patent, which is a computer process that includes some user feedback in text. I don't know and don't want to limit by specifying exactly what the feedback will be, ...
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2answers
37 views

Do slow or difficult USPTO patent examiners frustrate companies to the extent that they reduce research and development?

The answer likely depends on 1) to what extent the firms rely on patenting, and 2) whether the firm can get around difficult examiners/art units. Please provide anecdotal examples or experiences, if ...
1
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1answer
55 views

Can I begin sale after a provisional and before a PCT without losing IP rights?

I recently filed a provisional application. The invention is in a late stage of development in terms of bringing to market. So my question is if I were to begin sale before a PCT is filed, but within ...
0
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1answer
25 views

What exactly does "same part" mean in the reference characters rules?

When USPTO says "The same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must ...
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2answers
16 views

During patent application submission, which case is correct for approval?

I would like to submit an application for a new mechanism to be patented. Do I have to attach the complete mechanism including screws, nuts, housing and general electric components like DC motors in ...
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1answer
127 views

Are patents titles required to be unique?

Are patents titles required to be unique, as for instance required for websites addresses? Take as an example the UK patent description for a patent, and suppose that a patent with title "Bicycle ...
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2answers
77 views

What is the purpose of the composition the patent office sends

I try to make my first patent (a machine/construction) in my country. Here is how things are, I thought of an idea I constructed, it is fully operational so I make a request with the data to the ...
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1answer
19 views

ES102424A Un sistema de cuaderno de hojas intercambiables

Help me find the Original document of this Patent ES102424A by French Association 'La Reliure Spirale' 'A flip-sheet notebook system' could be the translation, but I could not find the Original ...
2
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1answer
38 views

When the product as-sold is unpatentable but the product as-used is patented

Consider two inventions: X and X+Y. For the sake of argument, assume that X is not patentable (prior art), but the combination of X+Y is patentable. The problem: In practice X must be sold by itself. ...
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2answers
40 views

Is it ok to introduce a named element in a claim and never mention it again?

Here's a dumb absolute beginner question: so I have in the claim something like a first lever arm pivotally connected to the widget member at a first joint; a second lever arm pivotally connected to ...
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2answers
60 views

In practice, which patent rejection reason is the hardest to address and overcome?

I'm referring to: 101: utility (and others) 102: lacking novelty 103: obviousness
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1answer
49 views

In practice, how often do U.S. pharmaceutical companies start clinical trials before obtaining their patent from the USPTO?

On the one hand, I can see that companies may want to be cautious and obtain patents before starting expensive clinical trials. On the other hand, for drugs with large commercial potentials, it seems ...
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1answer
27 views

What is the reason that the 20 year patent protection term starts from filing dates rather than issue dates?

The USPTO backlog has been growing over time. Now, it takes 3-4 years to get a patent approved, with large variation in delays across applications. The patent prosecution time seriously eat into the ...
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2answers
64 views

Idea vs implementation

I know that this idea is not patentable: "An app that allows people to find their perfect restaurants to eat in." It is too general, too abstract: But what about the implementation to the ...
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0answers
36 views

Help identify the country and the invention of this patent 20877

This plate for patent number 20877, dated November 16, 1921, is on a horse-racing slot machine. What does this patent cover and where was it issued? Based on the date (November 16, 1921), it's not a ...
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2answers
40 views

If I patent my idea for an APP, can I then sell it to people with the resources to implement it?

I have an idea for an APP, but I don't have the skills or resources to implement it. So the only way for me to profit from it is to sell the idea to someone else. Is that what patents are for?
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3answers
41 views

How to open source a technology and patent a derivative system simultaneously?

For example, let's say you invented Git. And you want to make Git completely open source. But at the same time you want to build GitHub, and patent GitHub. I assume you first have to write a patent ...
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2answers
59 views

What are the absolute minimum theoretical requirements for a provisional patent application?

As far as I know, it is illegal to advertise an invention as "patent pending" unless a patent application has actually been filed. So, theoretically, if a company or individual wanted to ...
2
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1answer
45 views

How is "actual filing date" defined?

Regarding U.S. patent law under the Leahy-Smith America Invents Act, I'm wondering how the phrase actual filing date is defined (37 CFR §1.109). What value does the USPTO use as the official actual ...
0
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1answer
48 views

Patent Abandoned

I inherited this patent unfortunately I'm just becoming aware of the paperwork and or knowledge to this as of June 2020. I apologize for any inconveniences. Thank you for your time
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1answer
46 views

Can someone sell part of my patent claim?

I have an improvement to a product. Let's call the improvement "A" and the product "B". Improvement A is not novel, product B is not novel. The way A & B are combined is novel. ...
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0answers
18 views

How to fill in the PTO/SB64 form

How to fill in the Patent PTO/SB64 form I did not receive the allowance and publication notice. Do I need to pay the following fees? (2) Reply and/or issue fee; (3) Terminal disclaimer with disclaimer ...
0
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1answer
24 views

Importance of configuration descriptions in a claim

I am looking into a new project for which there are a few similar technologies described in patents, but nothing that includes every novel feature I have in mind. However, one of them is written in an ...
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3answers
88 views

If a patent application exists can I develop an implementation and post it online?

I was working on a piece of software, and after implementing the entire system I looked up similar devices in the USPTO search for applications. I found a patent application (submitted april 2020) ...
0
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1answer
27 views

How to find if US patent is applicable in INDIA? How to find the PCT number?

US20160255970A1 has US patent..how to identify if they have applicability in Indian and European Markets? How to find the PCT number?
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2answers
38 views

Can I sell a patented product as licensee in a country that the patent is not registered?

I am a licensee of an invention patent. the patents is registered in some countries only.an I manufacture the patent in the country that the patent is registered and sell it to another country that ...
0
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0answers
33 views

Can you obtain intellectual property for board games

I want to obtain intellectual property for the game, and I do not want a patent for a board game similar to chess. Does ownership increase me profit more than a patent or not?
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1answer
42 views

Prototype developed outside of work, employer wants me to finalize work in house. Do I automatically lose my IP?

I developed a prototype outside of work using my own materials and time. The end product would be very useful in my field of work so I showed it to my boss, who now wants me to finish development in ...
0
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1answer
25 views

Am I able to be sued for patent infringement as an sales agent?

If I sell a product in the US as a US resident sales agent on behalf of an EU seller of a product they manufacture in the EU that subsequently breaches a US patent can I be sued?
0
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1answer
52 views

Question about joint patent ownership

Suppose company A and company B jointly own the rights of a patent, and that this patent results from the work collaboration between inventor 1 (from company A) and inventors 2, 3 (from company B). ...
0
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2answers
48 views

Is hiring a professional attorney/prosecutor after the first evaluation a good idea?

Right now I have no idea whom to hire, possible costs etc. I've been contacting a few firms I found online, also here, and the best I got was a polite reply saying they are no longer in business (...
1
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1answer
54 views

Patentability Of Parameter Optimization For Previously Patented Process

I am curious as to patentability of one critical parameter of an existing (and patented) process. For clarity I will posit a hypothetical situation analogous to a real situation. Industrial material A ...
0
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2answers
55 views

PTO search opinion: authoritative?

After several searches across several days, i finally stumbled upon one patent, in Chinese, that resembles what i have invented. The (google translated, i suppose) claim is very broad, the purpose of ...
0
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1answer
84 views

Filing for a patent for a artificial intelligence program?

I’m working on an AI project that may well be commercially viable. Does anybody know about filing for a patent for an AI program? How much information about the software model would I be required to ...
0
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2answers
18 views

Understanding search report

Following the great advice of @George White, i went on and checked patents against the PUBLIC PAIR database, to understand the flow between the applicant and the examiner, as well as the uk equivalent....

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