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32 views

Can I refile my own provisional patent that has lapsed due to delay in responding to USPTO?

There was some issue with my provisional patent filing and the time given by USPTO to respond has lapsed. So, could I refile the patent as a NEW provisional patent filing under the SAME title 3 months ...
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2answers
21 views

How does “A system comprising” claim works when multiple parties involved?

I just Googled the definition for the word system. Google says, a set of things working together as parts of a mechanism or an interconnecting network; a complex whole. So the phrase "A system ...
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2answers
84 views

Terminal disclaimer filed after final office action

I managed to mess up and filed a terminal disclaimer shortly after the Examiner had already responded with a final office action. The Examiner made it clear in their response that the claims were ...
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1answer
23 views

Is there such a thing as a 'common law patent'?

I was watching a 2014 episode of 'Shark Tank', Season 6, Episode 3. A woman pitching 'HeartPUP', a pet carrier, said that while in law school, one of her professors said, "Patent laws are changing ...
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2answers
86 views

Can I remove some part of the specification and drawings when entering the EPO?

I have an omnibus PCT application. It contains multiple inventions. EPO charges 14 EUR for each page in excess of 30 pages. I have used large font and line height in my PCT application for better ...
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2answers
30 views

If I am submitting two different provisionals for two different claims on the same invention can some sections be the same or similar?

Hi if I am submitting two provisional patent applications for two different claims but for the same invention can sections such as background, summary, drawings, detailed description, terminology, and ...
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0answers
19 views

Help In Patent Check

Hope you all are doing well. I want to check patent of my product Contour Gauge. Patent number of some one else is given, US2949674A. Here application status is expired for life time. should i check ...
0
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1answer
39 views

How patent claims are examined by an examiner?

I would like understand how a patent application get examined. Let's say, I have 1 independent claim and 99 level 1 dependent claims. Does that mean, the examiner search for prior art for all 99 ...
0
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1answer
35 views

Does “at least one Y” properly introduce an Y if used for for the first time as well as “a” or “an” does?

The invention is a tool that has a least one of feature Y on a first location. Then in preferred embodiments have feature Y in a second location and also different possible configurations and numbers ...
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1answer
19 views

Can you copyright a trade secret? [closed]

1.Trade Secrets Protections for confidential information such as formula, method, device, machine, compilation of facts or any information that is confidential and gives a business an advantage. ...
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2answers
28 views

I want to know if I can patent such algorithm?

My algorithm uses the modified version of existing algorithm (architectural modification) and I have combined it with existing mathematical law. so can a patent restrict others form using such ...
1
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1answer
31 views

Can “wherein” be used before “comprising”?

I am translating a PCT application. Claim 1 recites a device. Claim 2 depending from claim 1 recites a first device and a second device by defining the device in claim 1 as a first device. Below is ...
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1answer
21 views

Does the phrase “at least in part” cover “exact match” too?

wherein string A at least in part match with string B Is the phrase "at least in part" here valid when both string A and String B has the exact same value? Also is that phrase bi-directional?
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1answer
19 views

When exactly your own disclosures will be used as prior art against you?

If I understand correctly USPTO is a "relative novelty" office. There is a grace period of 1 year. Whereas EPO is an "absolute novelty" office. Anything disclosed before filing will be used against ...
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1answer
22 views

Where to place the “; and” in the limitation?

It seems like patent claims requires the keyword "; and" before the last limitation. I'm not sure what is considered as last limitation here. Claim 1: A method comprising: cutting ... ; copying .....
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2answers
71 views

finding patent ZL 2007 3 0024190.5 portable fan

I purchased a rechargeable clip on fan. This model is available from various re sellers but i want to find the manufacturer. I am hoping the patent number will get me to them. The number on the fan is ...
0
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3answers
57 views

What is the role of preamble in patent claims?

A claim reads like this. An apparatus for feeding humans, the apparatus comprising: item A; item B; item C. Another claim reads like this. An apparatus for feeding aliens, the apparatus comprising:...
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2answers
15 views

what needs to be patented in a new type of mechanical devise?How many different or only one?

I have a new type of mechanical device that doubles the output of all previous models. Do i post the machine as one all encompassing patent or break it down into a half dozen new ideas that take ...
0
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1answer
48 views

How long are patent records stored by patent bureau?

Suppose I'm granted a patent a month from now and it lasts for 20 years. This means that the patent bureau (such as USPTO) will have created a record which stores the patent claims and also the ...
2
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1answer
38 views

I would like to submit “objective evidence” to the USPTO. Do I have to file any Affidavit?

MPEP says, When any claim of an application or a patent under reexamination is rejected or objected to, any evidence submitted to traverse the rejection or objection on a basis not otherwise ...
3
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2answers
128 views

How to file After Final response and what can be included in it

Consider the following case: A nice examiner files final rejection but allows a post rejection interview and during the interview suggests how to amend claims for allowance and also suggests to file ...
3
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1answer
41 views

If I buy property where patented fruit is already growing, can I sell the fruit?

I am looking at purchasing a house, that has a grove of trees that are patented, growing on the property. Am I able to sell the fruit since I will own the property on which it is growing? Also, it ...
0
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0answers
32 views

Which “Application Part” and “Application Data Sheet” do I use for the provisional patent document?

While trying to submit my (personally-made) patent documents on EFS-Web I ran into an issue. I'm assuming that I should upload the pdf document of the provisional patent application in the "Attach ...
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1answer
38 views

Patent D698,996 S [closed]

Sorry to disturb you, I am an Amazon seller and have infringed your appearance patent D698,996 S You are the owner of this patent. Can you license it for my Amazon store? I need a power of attorney ...
1
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1answer
53 views

Can I cite Wikipedia as a reference in an IDS?

Can I cite Wikipedia as a reference in an IDS? For example, "Ducks", Wikipedia, https://en.wikipedia.org/wiki/Duck, Retrieved from Internet 12/18/2019 And attach a print out.
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1answer
33 views

Can design patent be renewed?

The lifetime of design patent is 14 years (for designs which were filed before May 13, 2015) / 15 years (for designs which were filed on or after May 13, 2015) from the date of grant.
0
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1answer
30 views

A question about a patent of Thumbtack

Thumbtack seems to have patented their business model (link to patent is below). Is it possible to patent a general business idea like this? Is it not possible to build a similar business in the US? ...
1
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1answer
15 views

Does the priority period of the Paris Convention start with the actual or the effective filing date of a patent application?

I believe the Paris Convention would allow me to file a patent application in country B within a year of filing the same application in country A. But does that year begin with the actual filing date ...
0
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1answer
30 views

How to protect the value rather than functionality?

I have a situation where I need to protect the "value" which can be used in multiple steps. The value may be same for all steps, but sometimes it can different. I want to protect the value ...
0
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1answer
22 views

References for making patents for pharmaceutical drugs in the U.S

I want to learn how to write pharmaceutical combination drug (API) patents and the format for them. Are there any good references also to learn how to evaluate the quality of a patent? whether it's ...
1
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1answer
178 views

Patent listed as expired followed by an expiration date

I have seen several patent applications where the application is listed as expired but below that there is an adjusted expiration date. Can someone please explain what this means? Here is an example: ...
1
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1answer
26 views

Can one use inconsistent terms in the claims?

My speciation contains terms like this. The term "Service" means .... The term "Service Administrator" means .... I have already filed my application. At the moment I'm amending my claims. I think I ...
2
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4answers
103 views

How to release an existing patent into the public domain?

Suppose I own a patent that has not expired. How do I legally and reliably transfer it to the public domain?
1
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0answers
45 views

Is there a way to do full text search in uspto image file wrapper?

At the moment I'm manually entering the application number and reading the contents of image file wrapper in USPTO public pair. Is there a website where all USPTO application's image file wrapper ...
1
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1answer
19 views

Can the preamble be same for all independent claims?

Let's say my patent has 5 independent method claims. Can all these claims have the same preamble? e.g. A method for doing X, the method comprising:
1
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1answer
36 views

Co-inventorship when claims based on the contributing inventor's concepts are dropped during prosecution

First, an explanation of the overall context is needed: A CIP has been filed by a sole inventor (me). After filing, it was decided that another individual probably should have been credited as a co-...
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0answers
20 views

In independent claim does “attachable to a Y” establish existence for antecedent

Independent claim: comprising: an X attachable to a Y. Does this establish an antecedent existence of Y to where the dependent claim should now say "the Y" or does the dependent claim need to first ...
0
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0answers
33 views

Strategies for OA rejections on CIP when same claims allowed by different examiner for a preceding CON

I have a first OA on a CIP wherein the examiner has rejected claims identical to ones allowed in a related CON (actually granted now), which had a different examiner. (The rejections are not stated to ...
1
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1answer
27 views

Drawings & workpiece: What is good practice for showing or not showing an invention in use on a workpiece in a utility patent?

In a utility patent, are there particular good practice rules regarding depicting an invention being used on a workpiece? Should or can the lines of the workpiece be heavier, lighter, solid, broken, ...
1
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1answer
58 views

How exactly novelty works?

I understand "novel" means all features of the claim are described in a single document. However, I don't understand the meaning of "feature" here. I have 5 wherein clauses in my claim. Each and ...
1
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1answer
837 views

What is meant by MY COMMISSION EXPIRES?

I'm trying to fill out the electronic verification form to get an EFS account. https://www.uspto.gov/sites/default/files/documents/Patent%20Electronic%20System%20Form.pdf At the very end of the doc, ...
1
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1answer
30 views

Legal implications of description vs claims

A theorethical patent situation: Claims include: 1. A machine comprising device type A and device type B arranged to achieve X. 2. A machine according to claim 1 in which device type A is an M. 3. ...
0
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1answer
28 views

Repeated rejections with new prior art

I have an application that is now on its fifth rejection. In some cases, I have made amendments in light of the prior art, and in all cases, I have presented rebuttals for arguments raised by the ...
0
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2answers
70 views

How long it would take for a USPTO application to get republished?

If I amend my claims after normal publication (18 months), I believe my application will get republished again with amended claims. How long that process would take?
0
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1answer
20 views

Is national/regional stage filing requires PCT application as filed?

I have a PCT application that has around 250 claims. It's an omnibus application that covers multiple inventions. Listed all claims just for provisional protection. If I go for national/regional ...
1
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2answers
79 views

When an unnecessary inventor is listed in EP & US patent

In the US and EP, if an unnecessary inventor who has not contributed to the invention at all is listed as one of the inventors, can it be invalidated, challenged, or restricted exercise? In this case,...
1
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1answer
55 views

Is a singular word spelling a different word than a plural spelling, therefore screwing up antecedent flow?

If in the first independent claim I say "an X comprising at least one guide mark on the first side" can I then say in a following dependent claim "the guide marks are also on the second side"? Does ...
1
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1answer
47 views

What is the meaning commas in a claim? Do commas limit the list?

a tool, comprising: an X, having an X 1 edge, an X 2 edge, an X first face, an X-second face, an X distal end, an X proximal end attachable to a handle; and a Z guide marking on the X first face that ...
0
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1answer
61 views

Can you patent an idea that has not yet been produced

My team and I (UK based) are working with Graphene-based materials and have recently come up with an idea that we want to patent. However, we have not yet developed this idea into a functioning ...
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2answers
43 views

How patents are avoided to be reinvented and how we can understand them comprehensively?

I have read tech patents available on Google. I wonder how patents can be avoided to be reinvented or understood so neatly and specifically given a patent file is usually tens of pages written very ...

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