All Questions
4,384
questions
1
vote
1
answer
37
views
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 ...
- 260
1
vote
1
answer
36
views
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 ...
- 260
1
vote
1
answer
22
views
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 ...
- 113
0
votes
1
answer
67
views
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?
1
vote
1
answer
41
views
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 ...
1
vote
0
answers
19
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 ...
0
votes
2
answers
36
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?
- 1
1
vote
2
answers
33
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 ...
- 121
2
votes
1
answer
36
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 ...
0
votes
1
answer
32
views
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 ...
- 123
1
vote
1
answer
61
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, ...
- 217
0
votes
1
answer
26
views
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. ...
0
votes
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 ...
- 135
0
votes
1
answer
40
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 &...
2
votes
0
answers
35
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 ...
- 121
0
votes
1
answer
9
views
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 ...
- 1
1
vote
1
answer
47
views
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?
- 15
2
votes
1
answer
71
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 ...
- 121
2
votes
1
answer
49
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'...
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?
- 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 ...
- 133
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 ...
- 121
1
vote
1
answer
19
views
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 ...
- 125
1
vote
1
answer
31
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 ...
- 125
0
votes
1
answer
29
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 ...
- 155
1
vote
2
answers
29
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. ...
- 11
1
vote
1
answer
36
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 ...
0
votes
2
answers
43
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 ...
- 113
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 ...
- 11
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 ...
- 155
0
votes
2
answers
55
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 ...
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 ...
- 1
2
votes
2
answers
166
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?
- 125
0
votes
1
answer
53
views
How do I find a patent from its number?
How can I find the patent with patent number P53958US00?
0
votes
1
answer
49
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 ...
- 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 ...
- 1
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 ...
- 217
1
vote
1
answer
32
views
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 ...
- 260
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) ...
- 633
0
votes
1
answer
43
views
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 ...
- 101
1
vote
1
answer
22
views
Can an unregistered e-filer pay using a deposit account?
I've had trouble with the credit card payment interface in the past, hence this question.
I'd expect the answer to be yes, but I'm also somewhat wondering how the USPTO controls access to the deposit ...
0
votes
1
answer
32
views
Is it more difficult and/or costly to reopen an application if abandoned after a 1st OA rejection, or after a final rejection in the 2nd OA?
I have an open application with a first OA rejection, which of course is typical. My only intention with this application is to have an open, potentially modifiable application associated with granted ...
- 633
0
votes
1
answer
21
views
Should a second provisional reference or incorporate a first provisional?
Let's say I have filed a first provisional with content A.
About 2 weeks later, I add some more explanatory bits to my spec, maybe some more drawings showing greater detail in some aspects, and some ...
1
vote
1
answer
29
views
Can a patent attorney give advice on a case only, without filing papers or becoming the attorney of record?
I seem to recall that there might be a USPTO rule that forbids this, but I can't seem to find it now. Am I right or wrong?
- 11
2
votes
1
answer
21
views
Expired Patents due to fees?
Application US09/062,017 events
1998-04-17
Application filed by Thellmann; Rick
1998-04-17
Priority to US09/062,017
2000-01-11
Application granted
2000-01-11
Publication of US6013181A
2018-04-17
...
1
vote
1
answer
15
views
Time for submitting Supplemental Response & update 132 declaration
we previously filed a response to Non-Final Office Action and 132 Declaration with 3-month extension. Then, Examiner called and verbally asked us to modify the 132 Declaration and cancel the withdrawn ...
- 127
0
votes
2
answers
55
views
Can specialization of a prior art be patented?
Can generalization of a prior art be patented?
Let's say a prior art X exists claiming for only system A, B, C. Now I have come across an idea of making the prior art idea applicable for A~Z with some ...
0
votes
2
answers
66
views
Who is the inventor in an invention composed of several already existing sub-devices?
Let´s assume that a company has designed and developed several "building blocks", components, elements or devices that when combined and considered in a specific way (and only in that way) ...
- 91
0
votes
2
answers
29
views
Retrospective patent following manufacture in a different juristiction?
If there is a patent granted only in another juristiction can they retrospectively apply for a patent if you manufacture something similar in a different juristiction?
Consider this time-line:
party ...
- 125
1
vote
1
answer
59
views
National phase after PCT with positive IPRP (chapter ii)
Help is much appreciated.
I am a poor engineer trying to patent something on my own.
I wrote and filed a US provisional application, then I wrote a PCT application and chose EPO as the Receiving ...
- 13
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