All Questions
4,628
questions
0
votes
0
answers
40
views
USPTO WebADS missing the date - is this okay?
Given the USPTO web-based ADS form, the final part of the form is this:
Notice there is no date field. The generated PDF then looks like this:
Do I have to edit the PDF myself to add the date? Is ...
- 121
1
vote
0
answers
26
views
Is this a successful design around the Moki Doorstep?
This a continuation question arising out of the question: Knockoffs of the Moki Doorstep
This is the patent:
https://patents.google.com/patent/US10155479B2/en?oq=10%2c155%2c479
It appeared in an ...
1
vote
1
answer
112
views
Knockoffs of the Moki Doorstep
This is the patent:
https://patents.google.com/patent/US10155479B2/en?oq=10%2c155%2c479
It appeared in an episode of Shark Tank.
This is the actual product sold on amazon:
https://www.amazon.com/...
2
votes
1
answer
27
views
A U.S. patent is to issue on a future date; is there any way to view the patent prior to the date of issue?
A patent is provided (i) Notice of Allowance, (ii) Notice of Allowance and Fee(s) Due, or (iii) Issue Notification by the USPTO with a date set in the future.
Is there a way for the first named ...
- 21
0
votes
0
answers
17
views
What are some obvious and non-obvious arguments for the Handy Pan?
This product appeared in an episode of Shark Tank.
Seems pretty obvious to me. Strainers exist. Pans exists. Bowls with strainers exist.
0
votes
1
answer
17
views
In a utility application, does the applicant put in arguments for usefulness, novel, and non-obvious?
I am currently reading through some utility patents on google. But I do not even see the words useful, novel, or no-obvious being mentioned in the patent.
In other words, who initiates the arguments ...
0
votes
1
answer
19
views
Using usefulness to prove non-obviousness
Is that possible? Or must usefulness and non-obvious be completely independent arguments?
For example, if an invention was never invented because everybody thought it would be a useless invention, ...
1
vote
1
answer
20
views
Can applications be edited before approval?
The book I'm reading ("Patent It Yourself" by Pressman & Blau) says patent applications cannot be edited after submission. In particular, it says:
If your patent application is rejected ...
- 123
0
votes
2
answers
40
views
When is combining prior art to invent something new obvious and when is it not obvious?
I am referencing the case of how PTAB invalidated Molly Metz's patent because they decided that combining one jump rope invention with another jump rope invention is obvious:
https://usinventor.org/...
1
vote
1
answer
68
views
Scope of a method claim when it uses terms that are narrowly construed in an apparatus claim
I'm trying to decipher a competitor's patent (US only), which follows the usual system-method-CRM format for computerized patents (in this case, a standard computer with standard peripherals running ...
- 11
0
votes
1
answer
12
views
Are there regulations on how patent searches must be conducted by law firms?
For example, if someone is in the business of charging other people to do patent searches for them, are there laws that mandate how the search must be performed? For example, the business must search ...
0
votes
1
answer
10
views
What constitute as prior art that an examiner or PTAB petitioner can use against an application?
And more specifically, could something discussed here on stackoverflow be counted as published prior art?
0
votes
1
answer
19
views
Does filing a provisional application slow down when your application will be examined?
...assuming that you file the non-provisional within the year?
In other words, does filing a provisional application put your application in the same place of the waiting queue as if you had filed a ...
0
votes
1
answer
21
views
Is it ok to only write down formulas in the detailed description but not in the figures?
I wonder whether it is ok to only write down formulas in the detailed description but not in the figures. On one side, I see patents that only write down formulas in the detailed description but not ...
0
votes
1
answer
36
views
specific example of patentability
Suppose that in prior art, all that exist is:
an apparatus comprising of:
A) A shirt piece covering the torso with attaching mechanisms on both the left and right sides of the shoulders;
Someone now ...
0
votes
1
answer
28
views
How are the elements of a claim determined?
If a hat = cap + visor, then how is it determined that the elements are cap and visor?
Is this determined by the claim language used in the claim? Meaning, the elements are defined by the inventor?
So ...
0
votes
2
answers
30
views
A claim that is more general than one in prior art
Supposed that in prior art, this claim exists:
Triangular shaped object
Circular shaped object
Square shaped object
Would the following claim be allowed:
Triangular shaped object
Circular shaped ...
0
votes
1
answer
28
views
Why has the number of claims risen over the past few decades (doubled between 1975 and 2005)?
I saw on https://patentlyo.com/patent/2007/12/rising-claim-co.html:
Why has the number of claims risen over the past few decades?
Data:
The chart shows the average number of total claims and ...
1
vote
2
answers
219
views
How can you view a granted and issued patent in the new USPTO system?
On Mac Monterey using Safari, once clicking on the hyperlink of the patent number then searching repeated (of course) on the patent by the same number that you just clicked on, the site will be ...
- 326
0
votes
2
answers
16
views
If C = A + B and E = D + C, is it necessarily the case that E = D + A + B?
If some other invention claims A + D or B + D, would the examiner argue that these are not novel because E = D + C already exist, and C = A + B, hence E = D + A + B necessarily?
0
votes
1
answer
29
views
How can I access the complete public record of a USPTO patent?
I read in this answer by George White:
But, taking the question literally, no, there is not an easy way to see the applications filed by a particular registered practitioner. It is buried in the ...
0
votes
1
answer
12
views
If I own the patent to A+B+C, and later A+B is granted a patent, can I still manufacture A+B+C
If I manufacture A+B+C, then I would be infringing upon A+B, no?
0
votes
1
answer
53
views
Should a patent title be very narrow or very broad, or does it not matter?
I'm looking at USPTO patents. I see patent titles that are very broad, e.g. Mobile surveillance, Data privacy, and Location-aware services and I see patent titles that are very narrow, e.g. ...
0
votes
2
answers
46
views
If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?
If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?
Why or why not? Or does it depend on circumstances? If so, can you give examples?
0
votes
2
answers
14
views
If A+B+C is prior art, and now someone is granted a patent for A+B
Suppose that inventor John holds the current patent and prior art for:
A+B+C
Steve comes along and patents:
A+B
Then a manufacturer begins selling
A+B+C
or
A+B+C+D+etc.
Who is the manufacturer ...
2
votes
1
answer
31
views
"public use" or "disclosure" of a method which is a part of a provisional application implemented in a backend (not publicly visible or disclosed)
Let's say I have a provisional patent application (PPA) at USPTO regarding a method for scoring food for taste. I have a website for a beta release of an online service which uses this method of ...
- 39
1
vote
0
answers
18
views
In what countries are royalties from a patent beyond 20 years still allowed [closed]
I heard that in the US, the inventor can no longer collect royalties beyond 20 years for their patent.
In what other countries is royalties beyond 20 years still allowed?
0
votes
2
answers
20
views
How to declare no patent ownership for software code?
I have a small piece of code I'd like to release to the public domain. I'm considering using a CC0 license, but it has that infamous patent clause that prevents people from freely reusing CC0 code. ...
- 101
1
vote
1
answer
32
views
WIPO Rules about drawings
The rules adopted by WIPO about drawings are quite restrictive. Only black lines, no colours and so on. But how strict are the officers when they evaluate them?
Would s drawing made with a simple ...
- 145
0
votes
0
answers
16
views
How often are there multiple patent applications for the same invention filing almost simultaneously?
What percentage of utility patent applications are rejected because the examiner was able to find prior art that the attorney did not find because the application for the prior art was not published ...
0
votes
1
answer
101
views
What percentage of patents applications are filed without a lawyer?
Is there any statistics on that? This might be an explanation for dumb patents. I am seeing quite a few of those as I am searching through google. The application process isn't expensive unless a ...
0
votes
1
answer
25
views
If a patent pending application is not published until 18 months old, how can it be discovered by lawyers / examiners doing patent searches?
If my lawyer is currently doing a patent search to determine whether or not I should go forward and spend $10,000 on the application, how can he discovered patent pending applications that are not yet ...
1
vote
1
answer
74
views
Where to find a citation of my patent in another patent?
I can see that another patent has cited my (then pending) patent under the References Cited section, with a * indicating that the citation was added by the examiner.
Where can I find out if/how this ...
- 133
0
votes
1
answer
15
views
Patenting a feature-add invention that requires slight modification of the base-invention
Let's suppose that you have invented a product that is a feature addon to an existing invention.
However, in order to attach the addon invention to the original base-invention, the base-invention ...
0
votes
1
answer
27
views
Filing in multiple countries with the same law firm and attorney
The question is, is there a cost benefit to filing a patent application in multiple countries with the same law firm and attorney?
Let's suppose that I file in the USA and Canada. I use the same law ...
2
votes
2
answers
56
views
Can name of actual inventor excluded from patent filing?
I am going to give my final viva voce for my PhD. My supervisor is asking me to sign an IPR declaration letter before leaving the institute. In the letter it is mentioned that my name shall not be ...
2
votes
1
answer
53
views
Patent an item i have been selling
I came up with an idea several years ago and developed it to the stage of production and sales. I would now like to patent it due to the fact another competitor has started manufacturing it and ...
- 21
0
votes
1
answer
33
views
Is there such thing as an EU patent?
Is it possible to file one patent that covers all EU countries? Or must one file a patent in each of the individual countries?
0
votes
1
answer
18
views
Can an invention that depends on some other invention be patented?
If an invention is meant to be a feature add to some other invention, which means it can't really function on its own, can this feature-add invention be patented?
0
votes
1
answer
57
views
If a company has been selling your patented invention on the market
If the patent has been granted, what are your next steps. Assuming that you are successful in those next steps, what will you be able to get from the company? Will you be able to get 100% of profits ...
1
vote
1
answer
79
views
Late non provisional submission in the US!
I submitted a provisional on 8/19/21 and had a few hiccups these past few weeks having me finishing up final touches on the last day to submit my non provisional patent. I had technical issues with ...
0
votes
1
answer
12
views
How does the attorney go about finding all possible alternatives that could be used to invent-around your invention?
Is a patent attorney specifically trained to find all possible alternatives to a utility invention that would successfully achieve the same functions and thus bypassing the patent?
In practice, how ...
0
votes
1
answer
8
views
For a patent application that is classified as simple, typically how many attorneys are assigned for such a case in a law firm?
For a patent application that is classified as simple, typically how many attorneys are assigned for such a case in a law firm?
And if there are more than 1, why more than 1?
0
votes
1
answer
26
views
Why did Molly Metz's attorney cite this statistic to prove non obviousness?
I am referring to this case https://bannerwitcoff.com/wp-content/uploads/2021/04/Jump-Rope-Maker-Gets-PTAB-To-Nix-Rivals-Handle-Patents-Law360.pdf
The plaintiff cited that:
In the PTAB cases, Jump ...
0
votes
1
answer
16
views
Since PTAB has been formed, what percentage of patents have been invalided due to being retroactively deemed "Obvious"?
This question is motivated by this https://bannerwitcoff.com/wp-content/uploads/2021/04/Jump-Rope-Maker-Gets-PTAB-To-Nix-Rivals-Handle-Patents-Law360.pdf
If there is statistics, what percentage of ...
1
vote
2
answers
26
views
How is non-obviousness determined?
I am referring to this case https://bannerwitcoff.com/wp-content/uploads/2021/04/Jump-Rope-Maker-Gets-PTAB-To-Nix-Rivals-Handle-Patents-Law360.pdf
If a patent can be invalidated because Non-Obvious ...
-1
votes
1
answer
28
views
What program can I use to automatically shift all other numbers when I change/add a number when writing a patent application?
I have a patent application with numbered references. What program can I use to automatically shift all other numbers if I need to change/add a number?
E.g.:
FIG. 1 shows an example of a system for ...
0
votes
1
answer
119
views
Can someone explain how PTAB invaliated Molly Metz's jump rope patent?
I am reading up on this case:
https://usinventor.org/mollymetz-thejumpropequeen/
How is the patent determined to be "obvious" by the PTAB?
1
vote
0
answers
11
views
does the patent examiner not have discretion over how many office actions or examiner's reports after October 3rd, 2022 in Canada?
So does the patent examiner not have discretion over how many office actions or examiner's reports after October 3rd, 2022 or is this table-misleading?
https://mcmillan.ca/insights/forecast-2022-...
- 117
1
vote
1
answer
33
views
Why would an inventor license his invention only to one corporation?
Let's suppose that there are many companies that are potential marketers for a new invention. Why would an inventor only license out his invention to one of these companies? Wouldn't he make the most ...
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