All Questions
4,628
questions
17
votes
3
answers
810
views
Prior art for a simple versioning system on a document database
US Patent Application US20120226658: Data model versioning for document databases
Claim #1 describes an extremely simple versioning system for a document database:
A method, comprising:
...
rejected
47
votes
10
answers
6k
views
Microsoft have submitted a patent for a whack to silence a phone ringer. How similar does prior art have to be?
Microsoft has filed for a patent on a new technique that allow users of mobile devices to silence them by delivering a firm whack. From The Register:
Patent application 20120231838, aka CONTROLLING ...
- 816
7
votes
1
answer
503
views
Amusement Game - Dice that return independent variables or a random color - Patent Application - PRIOR ART REQUEST
The "Die for use in game play" patent application describes a die that returns two independent (random) variables. According to the application, one is ("preferably") a color. The other, as you might ...
15
votes
2
answers
824
views
What are the possible consequences of using software developed outside of the US that infringes a software patent?
Suppose I'm developing a software and I operate in the country that doesn't recognize Software Patents. I make my software available for users in several countries including the United States. What if ...
2
votes
1
answer
138
views
If a claimed invention can be described at a higher level of abstraction, is the claim not merely an abstract idea?
35 USC 101 as interpreted by the Supreme Court does not allow patent claims that merely describe abstract ideas to be examined for a patent. How would the Court's precedent apply in a case in which ...
- 29
14
votes
1
answer
5k
views
When patenting in the United States, what impact does patenting in other countries too have?
I've seen where companies have filed for the same patent in multiple additional countries beyond the United States. What is the motivation for such extensive patenting? What impact (if any) do these ...
- 243
48
votes
6
answers
3k
views
Is it practical for a novice to successfully file a patent without hiring a patent lawyer?
I am an undergraduate student in the US, and have come up with a (hopefully) patentable idea independently of my studies. The upside of that is the university cannot claim any rights to my invention; ...
- 580
25
votes
2
answers
2k
views
Can software or a block of code under the GPL or a similar license be patented?
Regarding software, can an application or block of code licensed under the GPL (pre version 3), or a similar license requiring the source to be made available under the terms of the license after ...
- 353
18
votes
2
answers
3k
views
How to make an invention un-patentable easily?
It appears that the USPTO no longer does defensive publications, but instead you're supposed to abandon a patent application. But that will still incur filing fees, etc. I figure an obscure blog ...
- 287
33
votes
13
answers
3k
views
Prior art for video games played according to a selected value system such as the claimed "codes of honor"
US patent application 2012/0052930 is titled "System and method for the heros journey mythology code of honor video game engine and heros journey code of honor spy games wherein one must fake the ...
- 751
14
votes
1
answer
3k
views
Can a very basic shape of a product be patented?
There have been recent patent fights (such as Apple v. Samsung) that seem to claim certain basic physical forms of devices, such as a smartphone, can be patented. Aren't there a limited number of ...
- 751
18
votes
2
answers
892
views
Is use in foreign countries a bar to patentability?
If an invention is in use in a foreign country, but it is not patented in that country (or any other countries), and it is not the subject of a printed publication anywhere, could that invention be ...
- 751
11
votes
1
answer
447
views
Can willful patent infringement exist without prior notification?
In order for a company to accuse an organization of willful infringement, or allege that they are actively and knowingly infringing on a patent, must the patent holder first send the allegedly ...
- 702
12
votes
2
answers
705
views
Consequences of unwilful US patent infringment by a foreign legal entity when establishing US presence
Suppose the following situation: A company is incorporated in a country other than U.S.A., which does not allow software patents (e.g. EU member countries). This company produces an invention as a ...
- 675
13
votes
1
answer
1k
views
Was there a landmark controversial software patent of a trivial idea before the "XOR flashing cursor" patent?
Currently the majority of bad press about trivial software patents is all centred around Apple and other smartphone industry players.
A few years ago it was the Amazon "1-click" patent everybody was ...
- 275
36
votes
7
answers
19k
views
Are text and images in the patent copyrighted?
Sometimes, during a patent research, I found patents which comprise one or more similar images and/or text paragraphs. Are text and images in the patent copyrighted? Does any 3rd party, other than ...
- 815
20
votes
4
answers
827
views
Can a granted patent be deeded to the public?
Please note, I'm not speaking in the context of a land patent, I just could not think of a better word than deed.
Let's say that:
I have a concrete implementation of something that can be patented
I ...
- 702
17
votes
3
answers
785
views
What does the term 'commodity' mean in patent 7,222,078?
Patent 7,222,078 (USPTO) (one of the Lodsys patents), uses the term 'commodity' repeatedly throughout the patent, for example:
In an exemplary system, information is received at a central location ...
- 584
18
votes
1
answer
3k
views
What should I do if my name is missing from a patent?
While working for a company, I contributed inventions that eventually became issued patents. While all other members of the team I worked on are named on those patents, my name is missing.
What ...
- 1,106
12
votes
2
answers
2k
views
Revising a poor English translation of a US national phase application based on a foreign language PCT application
A patent application was originally drafted in a language other than English and filed in a country other than the US. It was subsequently translated into English and made a PCT application and ...
27
votes
5
answers
2k
views
What can I do about an infringer if I'm a small independent inventor?
I'm a small-scale independent inventor with few resources and have a patent that I believe is being infringed by a large company. I fear that if I approach the company on my own, I will have little ...
- 1,106
12
votes
3
answers
599
views
Should I file a provisional application?
In the past I've been discouraged from filing provisional applications (in the US), but the new "first to file" provisions of the "America Invents Act" would seem to make a provisional application a ...
- 1,106
13
votes
2
answers
332
views
Is there a specified route to convert UK patents to US patents?
If I have an existing UK patent, is there a way to get it recognised in the US, or to convert it to be a US patent?
My guess is that there must be agreements between countries on how they handle ...
- 816
19
votes
4
answers
718
views
Is there a way to achieve protections similar to "Copyleft" under the patent system?
I have heard about "Copyleft" and was wondering if there is an equivalent for works which fall under Patent law rather than Copyright law.
Specifically, is there a way I ensure that someone cannot ...
- 303
12
votes
1
answer
5k
views
How long does it take a patent application to appear in the USPTO database?
I have several patents that I have filed which have been received by the USPTO, but have yet to appear when I search the USPTO online database.
How long is the delay between filing and appearance on ...
- 1,106
25
votes
8
answers
5k
views
How can I perform a global patent search for free?
I'm aware of several resources for searching the national or regional (e.g. EU) patent databases, but have found no tool for searching patents in all (or even several) countries at the same time.
Is ...
- 1,106
33
votes
4
answers
2k
views
What constitutes an original patentable idea in software?
We regularly hear a lot of news about software patents and how certain companies own or are buying gobs of patents in order to stave off potential law suits.
What constitutes an original patentable ...
- 447
53
votes
8
answers
9k
views
Can a YouTube video be submitted as prior art?
I'm trying to determine whether there is evidence that definitively confirms that a YouTube video can be submitted as prior art.
If there is an example of one being used as the grounds for rejecting ...
- 1,189
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