All Questions
4,540
questions
1
vote
0
answers
9
views
When would a reference listed on the patent not be considered for determination of prior art?
In a US patent (re)examination, under what circumstances would a reference not be considered for the determination of prior art, when that reference is cited by the examiner, appears on the front page ...
- 123
0
votes
1
answer
17
views
Utility vs Design Patent as fast mean to secure IP rights
I want to apply for a regular patent of a simple static mechanical device (no moving parts). It's design is dictated mostly by its functionality. Most changes to the physical appearance of the device ...
- 121
0
votes
1
answer
27
views
Can a patent that is expired for fee related reasons be renewed?
Can the owner who stopped paying annual patent fees (and thus the patent got expired) - renew it within the 20 years if he suddenly realizes that it is worth it?
And if yes - during what time period ...
- 121
1
vote
1
answer
26
views
Obtaining a document cited by the examiner of a US patent
In order to give proper credit in a scientific context, I'm trying to get the content of a document cited by the examiner in the process of examination of some US patents, both granted and expired.
Is ...
- 123
0
votes
2
answers
27
views
Patent enforcement in a market with only private users and no commercial entities
Here is a patent of charcoal as hydroponic substrate. How can the owner practically protect his rights against infringement by private gardeners? Will he go around looking into people's pots and then ...
- 121
1
vote
1
answer
17
views
Claims/Priority Dates
Will method claims receive the same priority date if they are filed after product claims are filed first, or can there be a combination of both in one patent application?
0
votes
2
answers
14
views
In a specification, how much detail is necessary to be sufficient instructions?
I am working on writing a patent for which I am not free to disclose the details, so will only disclose a limited amount that I hope will still be sufficient to compose a useful question.
The ...
- 123
-1
votes
0
answers
14
views
The Mathnasium MethodTM authorization?
Mathnasium advertised to have The Mathnasium Method TM. How can teaching methods be trademarked? They teach students in a one-to-one facility with a 3:1 student: teacher ratio and allot 3 different ...
0
votes
2
answers
15
views
building almost identical application (mobile) to another business in different jurisdiction
Background
I have spent the last 3 years researching a business model/method and then completed building a mobile application that functions in a specific way. I never did any "prior art" ...
0
votes
1
answer
21
views
patenting a chair made up of wood from a special type of tree
Let's suppose that someone has discovered that wood from a specific tree, hitherto unused in making chairs, provides profound health benefits when sat on.
Can they claim the patent of "chairs ...
0
votes
1
answer
36
views
can a bucket full of rocks ever be patented?
Let's suppose that I have discovered an amazing use case for the combination of a bucket full or rocks, can I then patent bucket full of rocks, or at the very least can I patent bucket full of rocks ...
1
vote
1
answer
20
views
Effect of 5th Micro-Entity Filing on Fees Related to Four Previous ME Filings
My concern is the loss of micro-entity (ME) status on other previous filings due to the 5th ME filing (all gross income). The Rules commentary indicate: "Finally, while being named as an ...
- 11
6
votes
1
answer
1k
views
How basic can a patent be? (Hypothetical example: conductor's baton)
This is a hypothetical question but of course there may be real-life ramifications.
Hypothesis: Imagine that for centuries, right up to the present day, orchestral conductors had used only their hands ...
0
votes
1
answer
25
views
How to find out what law firm submitted a granted patent?
Where on a granted US patent document, or in background information that I can look up using the patent number, can I find the name of the law firm that submitted the patent?
This is for an active ...
- 151
0
votes
1
answer
34
views
What are my rights as an assignee to my dads patent invention
My mom told me that my dad invented the first pick proof lock and he left me as an assignee to the patent I'm wondering what my role is now as far as any royalties or any compensation from his ...
0
votes
1
answer
36
views
I want my name to be removed from a patent
In contrast to common public questions on this website, this time I myself want my name to be removed from a patent because I had zero contribution to the patent. If the company doesn’t agree to ...
- 1
0
votes
2
answers
16
views
Guidance for patent application drafting and responding to claims
I am looking for guidance on preparing an effective draft for filing a patent and some examples and case studies that discusses how to effectively respond to claims…
Are there any specific resources ...
1
vote
1
answer
12
views
Double Priorty Claim
My question about using priorty of provisional and non-provisional patent application as priorty document for EP application.
Let's say provisional application date is 10.10.2020 and non-provisional ...
- 93
0
votes
1
answer
22
views
Should I Include a Consultant as an Inventor on my Submission
I have been working on an invention for my company for the last few months and it has just been completed. I came up with the idea entirely on my own but I asked a more senior member of the company if ...
- 5
1
vote
1
answer
42
views
Searching for "important" patents
I would like to do patent search, let's say for patents related to windshield wipers, and have the search results include the number of times a patent has been referenced as prior art in other patent ...
- 151
0
votes
1
answer
48
views
Question regarding incorporation by reference
I have a US patent application that was missing 2 figures mentioned in the specification. It received a Notice from the USPTO stating this.
This US applications claims no priority at all. A public ...
0
votes
1
answer
15
views
How to meet other inventors?
I want to meet some inventors to see if the career if for me.
Where could I go to meet some of them?
I have tried Reddit, Discord, and Meetup.
- 303
1
vote
3
answers
30
views
Does it still count as prior art, when something is shown in the drawings of patent documents, but isn't explicitly descibed in the text?
In the CPC class of invention patents, that I am searching in, a lot of drawings show aspects of a invention, that aren't explicitly described in the text. Does that aspect of the invention still ...
0
votes
1
answer
17
views
Question re meaning of term ‘further’ in phrase, ‘In a further preferred embodiment, …’
Is the phrase ‘In a further preferred embodiment’ synonymous with ‘In a more preferred embodiment’?
That is, is ‘further’ being used to mean:
(#1) yet another / additional / other
or
(#2) more
?
I'm ...
- 101
0
votes
2
answers
30
views
Patent grant despite prior art describing the same invention
Is it possible and are there cases where patents have been granted even though there is prior art that describes the same invention? Do these patent grants have to be reverted when someone finds prior ...
0
votes
1
answer
27
views
What happens if someone gets a patent granted and starts selling products but someone else had a patent for the same invention before that?
Let’s assume Person A gets a patent grant for their invention and starts producing and selling a product based on that invention. After the patent opposition period Person B sues Person A for ...
0
votes
2
answers
26
views
History of relevant inventions in a specific CPC class
I want to do a patent search in a specific CPC class. How do I go about finding the most relevant patent documents from that class to quickly get an overview of the history of inventions in a specific ...
1
vote
2
answers
39
views
How far do I have to go back in time to only be looking at free state of the art patent documents?
I want to do a free state of the art patent search and I wan to know, how far do I have to go back in time to be 100% sure all shown patent documents are free state of the art? Up until now I was ...
0
votes
1
answer
23
views
Patent infringement for patent based vector and the sequence
In biotechnology area, the product claims of patents which are based vector(carrier) and the sequence always starts as "protein encoded by bla bla"
However, what i understand is the sequence ...
- 93
0
votes
2
answers
18
views
Are drawings showing the use with the invention and without one for comparison acceptable?
Is it acceptable to use a drawing that shows the invention alongside the current state of the art where the invention is not used. In case where such drawing would make the claims more clear?
E.g. ...
- 101
0
votes
2
answers
30
views
Can I dedicate a patent to someone?
What are the ways or steps via which I can dedicate my patent to someone else as an innovator? I have tried searching on the USPTO and it only tells about transferring the ownership. Another way I can ...
- 101
0
votes
1
answer
32
views
Patent expired fee related?
I purchased a product from China and put it up for sale the was contacted by a company that says they own the patent. After looking up patent it says expired fee related. Patent number 7703235. It ...
- 1
2
votes
1
answer
27
views
What does "according to some aspects of the present disclosure" really mean?
Almost all patent applications are peppered with phrases like "according to some aspects of the present disclosure."
What does this really mean?
In other words, what is the legal distinction ...
- 169
1
vote
1
answer
15
views
What is the local scope of definite articles in claims?
I mean scope in the programming sense, not the claim scope sense.
For example, if I have claims like:
The system comprising an A.
The system of claim 1, wherein the A includes a B.
Clearly, if the ...
- 169
0
votes
2
answers
46
views
PATENT PRODUCT IN THE US CAN I SELL THE SAME IDEA IN THE UK?
I recently had a great idea and sadly I found out there’s a company in the US that produces and sells the same product and they hold a patent design … I know patent laws are territorial so I’m not ...
1
vote
1
answer
70
views
When is a Patent broken?
I am trying to perform a particular reaction. As a result, I am using a methodology applied in a 1976 Paper. However, I see that someone (not the authors of that paper) has patented a process very ...
1
vote
1
answer
35
views
U.S. provisional application followed by a PCT application (in China, U.S. etc)
Before investing into a regular national patents via PCT (in China, U.S. and other countries) I would like to test the commercial potential of my invention. To this end I might utilize U.S. ...
- 121
0
votes
1
answer
33
views
Circumventing non-entry into national phase
I've got a client with some PCT applications who decided not to enter into national phases when it was timely, and now is having second thoughts. Two questions arise:
If the 30-month national phase ...
- 101
0
votes
1
answer
52
views
Do US software patents hold in the EU and elsewhere in the world?
Do US software patents hold in the EU and elsewhere in the world?
I want to develop software that is patented in the US By this request. I know that Software is not patentable in the EU.
Will the ...
- 15
1
vote
1
answer
58
views
What does "Worldwide applications US" means in Google Patents?
What does "Worldwide applications US" means in Google Patents? This is the pattent
Will this patent infringe if used in Europe and elsewhere outside the US?
- 15
0
votes
1
answer
14
views
Are there annuities to be paid prior to patent grant but to maintain the patent application in the United States?
Are there annuities to be paid prior to patent grant but to maintain the patent application in the United States?
CHATGPT says No.
But, https://www.quantifyip.com/blog/article6.aspx says yes.
0
votes
1
answer
17
views
Where i can find the kinetic reaction about the US20050281732A1 patent?
I cant find anything on journal explain about the kinetic reaction beeten FeCl2 + H2SO4
0
votes
2
answers
26
views
Provisional patent v. timestamped blockchain evidence as a proof that idea was stolen
I want to file utility model and patent application in China (and then globally via PCT). In China they do not have provisional patents so I'm still not allowed to use my invention openly even if I ...
- 121
0
votes
1
answer
22
views
Can I sell a futuristic patent company
Would it be possible to sell I futuristic space Mineing patents to a company’s using a patent examples a super intelligent system patents to a company or in immortality and lots of other things that ...
0
votes
0
answers
16
views
Concerning US9559617B2 - METHOD AND DEVICE FOR GENERATING ELECTRICITY AND METHOD OF FABRICATION THEREOF Public view
This patent made some noise when first applied for, both as there was a thick sheaf of related patents applied for by Landa Labs at the same time, and as it seemed the patents were in violation of the ...
- 101
0
votes
2
answers
36
views
How to secure my idea at the beginning vs my subcontractor engineer?
How can I secure my idea at the beginning of the process vs my subcontractor engineer whom I hire to implement my idea?
And the same question regarding all possible manufacturers that I need to ...
- 121
1
vote
0
answers
23
views
What are the implications of patents on deep learning techniques?
What are the implications of patents on deep learning techniques? What are the limitations when using such techniques? For example, dropout or transformers are patented by Google (https://patents....
- 111
0
votes
2
answers
35
views
Do you need to inform employer of patent licensing that you obtained on your own?
I have full time job and I am thinking about getting a patent on my own and licensing it. It has no connection to my full time job. Do I need to tell my employer that I am licensing a patent. Does ...
1
vote
1
answer
30
views
What type of patent is a process that uses a chemical?
For example say I developed a solution using 2 commonly found chemicals call them X and Y that can for example instantly and safely whiten teeth in a novel way never discovered before. Do I patent the ...
- 11
0
votes
1
answer
34
views
What figures/drawings to include if patenting a chemical solution?
My patent is for a chemical solution comprised of 2 chemicals that is used for a specific purpose in a specific industry. How am I supposed to include figures if it's not a design but just a ratio of ...
- 11
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