All Questions

Filter by
Sorted by
Tagged with
1
vote
1answer
7 views

Why is Art. 54(3) EPC limited to only European patent applications?

Art. 54(3) EPC is limited to European patent applications and PCT applications in their European phase (R.165 EPC, if fees are paid, translations are provided). Why does he EPO limit the subject of ...
0
votes
1answer
6 views

What if a company bought your patent while it was pending but later got rejected? [closed]

If a company outright bought the rights to the patent for X dollars while it was still in pending status, what would happen if later the patent is rejected?
3
votes
2answers
21 views

Can there be enforcement action in Europe for patents not yet granted?

I see in that, assuming national law provides for it, there are provisional rights in EPO application from the day of publication. Art. 67(1) EPC: A European patent application shall, from the date ...
1
vote
0answers
12 views

For what reasons might a patent issuance be delayed after the issue fee is paid?

I filed two applications last year in February. Both have been allowed, by different examiners. I received a notice of allowance on the first one three weeks after payment of the issue fee, and it ...
0
votes
2answers
26 views

what incentive is there for a company to buy or license an invention before the patent is approved?

So an inventor as submitted its utility patent applicable, which may or may not be approved years from now. He then tries to solicit companies to buy his invention immediately after submitting his ...
0
votes
2answers
15 views

Can someone else manufacture and sell implementations of your invention while your patent is pending?

So after one submits their patent application, the status of the patent is pending. At this point, can someone else still user your invention?
0
votes
1answer
16 views

How to sell or license out your invention before your patent is approved?

I just recently learned that it takes years for a patent to be approved (which is utterly ridiculous). So is there a way to sell and or license out your invention while your application is waiting for ...
0
votes
2answers
20 views

Can you sell your invention without having it patented?

I am researching the company Inventhelp to help me sell my invention. But they don't even provide legal services. Does that mean that one can sell an invention even without having it patented?
0
votes
2answers
12 views

How to estimate the time you patent application will take to be approved?

Is it the simpler the invention, the faster the approval / rejection decision?
0
votes
1answer
22 views

Can I patent code that is pushed to Github?

I have invented a new algorithm that I want to patent in Germany/Europe. However, I have kept my code implementing the algorithm in a public GitHub repository. I have not assigned a license to it. The ...
0
votes
2answers
15 views

what is the point of performing a patent search on the part of the applicant prior to submitting?

It cost time and money. If your invention already exists somewhere, why not let the patent court discover it and reject your application?
0
votes
1answer
15 views

If a company is selling a product from my patent in another country, can I get them to stop by filing patent in the country that the company is sellin

This question is a spinoff of this one: If I license my patent to a corporation, would that tip them off to try to claim this patent in another country? From the question above, I learned that if I ...
0
votes
1answer
7 views

Can I manufacture an expired item (fee related) without infringement?

Can I manufacture item patent #7694617B2 without infringement? It is currently Expired - Fee Related, with and adjusted expiration of 2028-12-03
0
votes
2answers
21 views

If I license my patent to a corporation, would that tip them off to try to claim this patent in another country?

So let's suppose that I have been granted a patent in the US. I then license out this patent to a manufacturer to market the product in the US. The manufacturer obviously believes in the product, ...
0
votes
2answers
28 views

Are there people who constantly look up newly granted patents in one country so that they can use it in another country?

If you are only considering filing a patent in one country, then as soon as your patent is granted it becomes public. So that means that someone in China will be able to manufacture and sell the ...
0
votes
2answers
26 views

instead of drawings, can one submit videos in your patent application demoing your invention?

I cannot draw, but I can make videos. Is it allowed to use videos instead of drawings?
0
votes
2answers
11 views

At what stage is your idea patentable?

Currently, I have an idea to improve, re-design, or add a feature to an existing product. The product is a piece of wearable fitness garment. This additional feature is very simply to implement. Yet, ...
0
votes
1answer
12 views

What's the point of including the description of the experimental data and results in a patent application?

For example, for a novel artificial intelligence algorithm, one may have some description of the experimental data and results, in addition to the description of the artificial intelligence algorithm ...
1
vote
1answer
29 views

How can one register many (hundreds, thousands) patents by themselves? (financial POV)

We all read in places (magazines, Internet, books...) that different scientists, throughout the history, registered tens, hundreds, and even thousands of inventions and patents. However, if only one ...
0
votes
2answers
26 views

How to check where a patent is valid and can it be used freely in another country?

I have found a patent (PCT/GB2014/000088 or WO2014147361A1) which also has the following related patent documents listed: CN105189237 **EP**2976240 KR1020150138257 US20160161950 JP2016520464 ...
0
votes
2answers
63 views

Patentability of HTML machine

I have made a web machine out of HTML, CSS and JavaScript that, at a minimum, handles data otherwise handled in a spreadsheet application. The machine's parts are essentially draggable holders (DIVs) ...
0
votes
1answer
29 views

Seemingly Identical Patents with many different iterations

I've been looking into a specific piece of equipment called a 'present weather sensor' that uses a sensor looking at a sample in air to determine the visibility and current weather (i.e. rain, snow, ...
1
vote
0answers
17 views

What is the "procedural step" Art. 24(3) EPC is referring to?

What are the "procedural steps" Art. 24(3) EPC is referring to? Art. 24(3) EPC Members of a Board of Appeal or of the Enlarged Board of Appeal may be objected to by any party for one of ...
2
votes
2answers
65 views

How does a patent owner establsh that a patent that includes an algorithm is infringed?

If I steal someone's algorithm, how would anyone be able to prove that I am using their algorithm? Only I have access to the code for the algorithm? Unless someone sees my code, they can't say what ...
0
votes
0answers
17 views

Why didn't Uber's patents prevent Lyft from existing?

There appears to be no difference between the 2 APPs. So how come Uber's patent didn't prevent Lyft from stealing its ideas?
1
vote
1answer
14 views

Effects on continuation-in-part of now-abandoned patent

Google Patents says that US patent application US11/673,907 is now abandoned for "FAILURE TO RESPOND TO AN OFFICE ACTION". But before it was abandoned US29/339,218 was filed as a ...
1
vote
0answers
15 views

How to find the patent attorney with the right specialization for your invention?

For example, if you are patenting a new APP / website, how would you go about finding the right attorney that specializes in APPs and websites?
0
votes
0answers
53 views

How to protect against your patent attorney stealing your ideas?

So in order for me to file a patent for my ideas, I need to hire a patent attorney to write up the documents etc. This means that I must thoroughly reveal and describe my ideas to my attorney. How do ...
0
votes
1answer
10 views

Error in figure labels in patent US 7,791,591 B2

in patent number US 7,791,591 B2 on "optical mouse using VCSEL" in fig.1, number 22 seems to refer to two different things: a computer first and than the same number is used for labelling a &...
1
vote
1answer
26 views

Why do few US patents have reference numbers in the abstract and claims?

In my experience very few US patent documents have reference numbers in the claims or abstract, even though doing so would make the document easier to understand. Why is this? MPEP 608.01(m) states: ...
0
votes
1answer
25 views

Why is a rule 37 CFR 1.63 form called an "oath or declaration"?

Everywhere I look I see the phrase "oath or declaration." Yet when I look at the form provided by the patent office, it says only "declare." Where is the optional/disjunctive "...
0
votes
1answer
21 views

What does the name "continuation in part" mean?

I understand that a "straight" continuation allows for the addition of new claims, but no new matter in the description. I also understand that a "continuation in part" allows for ...
0
votes
0answers
18 views

How to find a good patent searcher?

I have searched for my invention and found some related prior art, but nothing which would prevent a good patent from being issued. There certainly are gaps in my search, however, and I'd like to hire ...
0
votes
2answers
59 views

Why novelty of the idea is required when non-obviousness apparently already covers the requirement?

What I understand about novelty requirement of an idea is that, The idea is required to be new from the existing prior arts. And by the non-obviousness requirement of the idea is that, The idea is ...
0
votes
0answers
17 views

Is my Grandfathers patent 243095 expired? Can heirs still claim it? Who was Commisioner of patents 1947?

It was application 725139. Lawyers were Clarence O'brien and Harvey Jacobson.
0
votes
2answers
35 views

Partial infringement of patent

I had an idea for a child safety product in early 2020. Between then and now (my idea is still in design stage) a similar product has appeared on the market. They have a patent application pending. ...
2
votes
2answers
32 views

Are the dependent claims still infriengble if the independent claim is meaningfully different from mine?

I have made a product and another company got a patent on a similar idea. Problem is that their first independent claim looks meaningfully different(in my opinion) from mine but there is the same idea ...
2
votes
1answer
18 views

Non-analogous art on the IDS

I am an independent inventor who's planning to file a pro se US patent application. My understanding is that the IDS is supposed to contain all references material to the prosecution of the ...
1
vote
1answer
48 views

What are the advantages and disadvantages (if any) of requesting an early publication?

As simple as that. In the case of a PCT process: a) Is there any advantage in requesting an early publication before getting the result of the International Search Report (ISR) and the written opinion?...
1
vote
1answer
31 views

Is it okay to modify existing patent and file it?

Sorry for the dumb questions but as an engineer I am trying to file a patent myself. I was advised to copy the existing patent that is very similar to mine and start by modifying it for my own idea. ...
1
vote
1answer
68 views

Is it a good idea to publicly release an idea after filling PCT application but before ISR is published?

Is it a good idea to put an idea included in a PCT application in the public domain so that it becames prior art? Is it a good idea to do so before the International search report is done? And after ...
1
vote
1answer
34 views

Is it possible to patent an operational workflow in EU?

I am designing a process something like "order online and collect" or "load parcels to a van in the order of the destinations to make unloading easier" (if these were novel). Is it ...
1
vote
2answers
103 views

Is it worth it to apply for a preliminary examination in a PCT process?

How does a preliminary examination report help in the PCT and patenting process? What are the consequences and advantages of international preliminary examination? Is it worth it in terms of time and ...
0
votes
0answers
11 views

AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS not updating

This report is the last time Technology Center 1650 updated their date: https://www.uspto.gov/web/offices/com/sol/og/2019/week19/TOC.htm#ref16 Which shows as "Report last updated on 03-31-2019.&...
1
vote
1answer
19 views

Can I restore material from a parent application deleted in an intervening CIP and not lose the parent’s priority?

The parent application was filed in 2019 based on a provisional filed in 2018. I didn’t fast track the parent, thus it is still pending, and it contained enough material for several patents. Since ...
0
votes
1answer
38 views

Does adding an Applicant's other patent as prior art to a nonfinal first office action in response to a claim rejection require a reexamination?

If I add my recently issued patent as an argument or citation for patentability and non-obviousness in support of a claim rejection on a nonfinal first office action, will the patent have to go ...
0
votes
0answers
21 views

I would like to protect a technique I use to teach meditation

I have a method I use for teaching meditation that I would like to patent, or at least protect. Suggestions?
1
vote
1answer
68 views

Is it legal to use a nominee in a patent application?

Since patent registries are fully public, i was wondering whether it is legal to use a nominee as patent inventor to preserve privacy. I tried to google for this, but I was only able to find results ...
0
votes
1answer
18 views

Transfering ownership before grant

I (private individual) am going to apply for a patent, and would like to subsequently transfer the ownership of this application to a newly formed company. Is this possible or do i have to wait until ...
0
votes
1answer
32 views

Prior Art consideration

Case 1 - data are taken from 'A', an element known to prior art; said data are processed (a novel process) and results are useful for field 'B' to the extent that they meet part of its requirement. ...

15 30 50 per page
1
2 3 4 5
86