All Questions

Filter by
Sorted by
Tagged with
0
votes
1answer
16 views

can a math formula or math algorithm be patented?

can you patent an algorithm (math ) like it happened with PAGE RANK algorithm ?? isn't supposed that math is free for everyone ?
0
votes
1answer
26 views

Is a claim containing two alternatives valid?

Is this claim valid or is this an example of alternative claiming of one or more species. 2. A method of claim 1 further comprising: enforcing at least one of: application rights, application ...
0
votes
0answers
14 views

What keeps it from floating away? [on hold]

According to every state law, cables cannot be tethered across a moving body of water such as a stream or river. This would prohibit vessels from traversing the cable and cause damns from debris ...
0
votes
0answers
14 views

Non-Elected, Rejected and Objected claims, and reviving the abandoned patent

I followed my patent application after 3 years and found that it is abandoned. The abandonment report mentioned that patent has been abandoned because "No reply has been received". The final claim ...
1
vote
1answer
16 views

How fees are calculated for new claims that replace cancelled claims?

If during response to an office action I cancel a claim and then introduce a new claim in its place then: Do I have to pay a fee for the new claim or is it covered under a previously paid fees, ...
0
votes
1answer
20 views

Can claim preamble contain terms not present in specification?

I would like to use the term "non pliable" in the claim preamble which does not appear in the specification. However the term "pliable" does appear in the specification but is not specifically defined....
0
votes
2answers
31 views

Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

A week back, I got a very good answer regarding PCT provisional protection. I have a related question. Is it necessary for a national application to claim priority to the PCT application to get the ...
0
votes
2answers
29 views

Way to Claim a theoretical model of how a device works for under $200

I have recently come up with a very interesting concept in engineering that I would also like to share with peers. However, I am relatively fearful that someone may hear the idea and make it or patent ...
2
votes
1answer
30 views

Any startup service that streamlines the patent process?

My question is not technical and possibly some people here will think it's not an appropriate question. But I thought that this community is possibly the only place where it has a chance of being ...
0
votes
1answer
27 views

How to delimit the last element in a list of means?

The claim 2 has a list of means that apply to "the object" but it may be misconstrued that the last element in the list is not "intercepting" but rather "intercepting the object" in which case the ...
0
votes
1answer
28 views

How to separate method from machine in a claim?

Is the claim 2 mixing method and machine and if it is how would you rewrite it to avoid it? 1. A method for doing things comprising: step 1; step 2. 2. The method of claim 1, wherein at least one ...
0
votes
1answer
16 views

Can a claim “wherein” clause contain past tense?

I have a claim like this. 1. A method for ....., the method comprising: providing X for a user; 2. The method of claim 1, wherein the user was instructed to do X The claim 2 contains the ...
0
votes
1answer
15 views

Revision of an application after submission, when responding to a deadline to maintain family continuity

I have a fast-approaching deadline to make payment on an NOA application (a CON on original granted patent), in order to get it granted. I also want to keep open the chance to extend the family by ...
0
votes
1answer
16 views

Is this a common practice to amend a claim by striking through every word in the original claim?

Is this a common practice to amend a claim by striking through the entire text of the claim and introducing completely new text, instead canceling the claim and introducing a new claim. I mean no word ...
0
votes
1answer
14 views

Is my patent expiring because of no payment?

Is a payment due on this patent? 7878576. If so, how do I pay?
0
votes
2answers
21 views

Nested Claim Construction (US patent practice)

How do you separate the sections of nested method claims to avoid misinterpretation. Claim 1. A method for doing something the method comprising: making square widget comprising: petting the ...
0
votes
1answer
18 views

Can one claim priority from a PCT application after filing non-provisional?

Let's say, I filed a USPTO provisional in Jan 2019. I filed a USPTO non-provisional in Jun 2019 by claiming priority to the provisional. I'll file a PCT application in Dec 2019 by claiming ...
1
vote
3answers
55 views

How to protect my idea/prototype at little or no cost?

I have an idea for a medical device that has been called "phenomenal" , "solid idea" etc...from medical professional friends of mine. Now I don't want companies in China to copy my idea...! Problem ...
0
votes
1answer
32 views

Can an inventive step included in the “wherein” clause?

I have a process that performs the same steps as prior art. However my "wherein" part is completely unique. Will it be considered as a valid independent claim?
0
votes
1answer
45 views

What can we do if a manufacturer in China copy our US patented product and sell them directly to US end user through E commerce

What can we do if a manufacturer in China copied our US patented product and constantly sell their copies to US buyers through international E commerce platform? This Chinese company does not have a ...
0
votes
1answer
32 views

Should I use “and” or “or” for “at least one of” structure when only two items involved?

From my understanding, when we use the phrase like "at least one of A, B, C and D", it means AD, BD, CD, ABD, BCD etc. i.e. D is mandatory "at least one of A, B, C or D" means any single item or any ...
0
votes
3answers
39 views

Should I file a design patent on a different embodiment of a utility patent?

After filing a utility patent a simpler embodiment of the invention came to mind as a separate product. The simpler embodiment is covered in the first claim only since the dependent claims define the ...
0
votes
1answer
32 views

Is there any consequences if I don't amend claims properly before the PCT deadline?

PCT application claims can be amended one time via Article 19 and 34. From my understanding, one can amend claims in the national phase. So what is the point of having limitation in PCT? In US, one ...
0
votes
2answers
31 views

Is this patent US only?

I'm unclear on what does patent US D781711S claim & specifically in which region. I've talked with some mates that have studied patent law & they seem as puzzled as me. Anyone care to help? ✌️
0
votes
1answer
45 views

Asserting prior art to invalidate patent

I have 16 years of prior art that would fully invalidate an Apple patent granted in 2019. The Apple patent has two claims (effectively the same claim repeated twice). It has no preferred embodiment. I ...
0
votes
1answer
18 views

Can an improvised device made of used packaging be patented?

I'm using a so-called cantenna (antenna made of a used can) as an example. Suppose there's no evidence that anyone has tried a cantenna but antennas of similar design, just made of other materials, ...
0
votes
2answers
22 views

What is the proper way to cover alternative methods in claims?

I do understand the transitional phrase "comprising" is a broad one. A method comprising Step 1 The above method is infringed as long as step 1 is executed. But how do I protect when an equivalent ...
0
votes
3answers
33 views

I created an object that I never patented but someone else did I don't know

I created an object but never got around to patent it. I mailed the drawings and all my design ideas to myself to protect the right of later patenting it. I still have that mailing unopened in my ...
0
votes
0answers
19 views

Patent attorney costs [duplicate]

I know that it is difficult estimate the cost of any particular patent from start to finish. There are so many variables that can affect any single patent application. Certainly there are rough ...
0
votes
1answer
18 views

US expired but active WIPO application enforceable in US?

I am curious about this patent having an active application with WIPO, but expired with the US. Although I believe this patent is non-novel and infringes upon previous patents, is this patent ...
0
votes
0answers
19 views

does the Legal terminology “digital photograph” refer to the Legal terminology “video”?

I have a patent that describes an action that contain a use of digital photograph. There is a company is coping my patent except for the fact she uses live video instead of photos. I can easily prove ...
0
votes
0answers
16 views

What are the patents that UCSB have on LED filaments?

I've seen several news articles saying that University of California Santa Barbara is suing five retailers for making "vintage edison LED bulbs" using patented LED filament technology without a ...
1
vote
1answer
18 views

Filing to expand on already filed utility patent, how do I go about this?

I have already filed non-provisional utility patent applications. I need to add more information prior to the USPTO publishing one of them. Basically, I'm going to copy the existing application, and ...
0
votes
2answers
41 views

What is the proper way to file both USPTO and PCT application?

I have two USPTO Provisional Applications. I'm about to file a USPTO non-provisional by claiming priority to those two Provisionals. I'm also planning to file a PCT application. The specification, ...
0
votes
1answer
22 views

Which is the best place to search for a filed/issued patent?

Which is the de facto and most recognizable patent DB in the world? Is it WIPO's database (the search engine and the interface seem limited) or Google Patents or maybe anything else? What is the ...
0
votes
1answer
28 views

Can someone patent their product with a solution I designed?

I was presented with a possible invention the way the person presented the product there were many problems. I went away and came up with a design that would work for his requirement. At no time did ...
0
votes
2answers
58 views

Risks in mentioning unpatented inventions in a college application

I'll be applying to the undergraduate programs of several US universities this upcoming fall. A chief component of the college application is the extracurricular activities portfolio, of which ...
0
votes
0answers
7 views

Is multiple figures allowed in the same sheet? [duplicate]

I have plenty of diagrams in my patent. Many of the diagrams are small ones. All figures are named like Fig 1A, Fig 1B, Fig 2A etc. I wanna reduce the sheet count. Can a single sheet show both Fig 1A ...
0
votes
0answers
18 views

Patent Licensing Database?

I am working on a research project where, for a given number of patents (there are many) we would like to find licensing revenue information. Where can I find licensing information on patents? Are ...
1
vote
1answer
19 views

Describing your own prior art in specs for a CIP

In a CIP application that is essentially an improvement on one's own prior art: Should specifications review and summarize what the parent patent (or application) does (maybe state that patent's ...
0
votes
3answers
48 views

Blog post explaining a patented algorithm

Hi Ask Patents community, I recently came across a software product in my industry that I thought was interesting. I decided to look into how their software works and ended up discovering their US ...
2
votes
2answers
64 views

Very Difficult Low Productivity Examiner with Questionable Approach - What Options for Applicant? UPDATE

An institutional entity filed a patent application that most likely can't be granted, because it is unworkable. It's tangential to their primary subject, and probably is a placeholder until refined. ...
0
votes
1answer
25 views

provisional patent description similar to another patent

i am in process of writing a PPA by myself. to write the detailed description,online resources suggested to look into similar patents to have an idea how to write it. i did find a patent which is very ...
0
votes
2answers
41 views

Can i import and sell a product in my country, that is patented and also manufactured from china?

I wonder if i can import and sell a product which is patented in another country (China) but sell it in my own land (Netherlands). There are no registrations from it in european lands. I have searched ...
1
vote
0answers
9 views

What is the enforceability of claims if a patent is entered into and under going an Ex-Parté Re-Exam?

Once the USPTO initiates an Ex-parté re-exam on a patent and the claims are being reviewed. What is the enforceability of the claims? Would the patent owner dare sue for infringement damages when ...
0
votes
1answer
24 views

When exactly patents fall under double-patenting?

I have an omnibus specification and I want to split it into multiple patents at a later point. I'm little afraid that accidentally I'll double patent my work. So I just need some clarification. I ...
0
votes
1answer
11 views

Provisional Patent Application Cover Sheet Error

I recently submitted a provisional patent application but I realized that I accidentally checked a box "Application Data Sheet" on the cover sheet even though I did not include it on my submissions. ...
0
votes
1answer
16 views

Filed earlier, published later

US patent claiming Compound A or its salt (X salt included in laundry list) published after another US application filed as compound A's X salt and gets grant. They do not share common priority and ...
0
votes
1answer
28 views

Repeating claims in a CIP that are identical to those in the parent application or granted parent patent

In a Continuation in Part application, and referring only to those claims from the original application where they, and the specifications they refer to, are remaining unchanged – is there any need to ...
0
votes
1answer
19 views

Can a patent drawing have numbers like 6A02, 6A04 etc?

My patent specification has around 20 chapters and each chapter has multiple drawings. My drawings are numbered like this. FIG. 1A, FIG. 1B, FIG. 2A etc. i.e. If Chapter 2 has only 2 drawings, then ...

15 30 50 per page