4

The typical approach is to perform a "freedom-to-operate" analysis. You can take a crack at this yourself using patent searching tools like Google Patents or my preference The Lens. Patent searching is a skill so I would advise starting with a broad search and when you find patents that are relevant (not necessarily the same idea, but with some similarities) ...


4

As someone who has obtained patent while working for a company I think I can answer your questions. The standard work arrangement is that your work product is owned by the company. Thus any inventions the come about as a consequence of your employment is owned by the company. Some companies reward inventors with some compensation when patents are granted, ...


3

The factors to be considered are (1) setting a background or context for the state of the art in the field of the invention and setting up the problem which the invention solves, and (2) giving the examiner admitted prior art. While a thorough description of the prior art may be good on a scientific level (showing that the inventor really understands the ...


3

Enablement requirement of patentability requires one to describe the invention in a clear and complete manner such that a person skilled in the art would be able to perform the invention by referring the disclosure. Another requirement of patentability is that the invention has to be useful, in other words, the invention should be feasible to be made and ...


3

A patent specification is a techno-legal document based on which patent rights are decided. The patent document includes several section, which includes, title, abstract,specification, drawings and always one or more claims. Claims are the ones that defines the metes and bounds of an invention. In other words, claims define the scope of patent right. Claims ...


3

You say you aren't sure if you checked the box. The box is on the ADS form, if you filed electronically you would have uploaded that form as a PDF. You should be able to look at the PDF and see if you checked that box or not. If you did not check it there is no way to change it for this application. According to the USPTO's MPEP 1122 Requests for ...


3

If you look in Public Pair you can see that it was abandoned in May 2009. That probably means the filer (or the filer's attorney, as the case may be) failed to respond to an office action.


3

In most cases, it means no patent will ever issue and the application has gone abandoned. Addressing some misconceptions - Filing a patent application does not "hold" an idea in any official way. What someone sells need not correspond to their patent application or granted patent at all. Patents are not the right to sell, they are the right to try to stop ...


3

Can I describe two different ideas inside a provisional patent application? Yes. Indeed, you could do this in any application, whether provisional or non-provisional: there is no restriction on what can be described. The restriction on multiple inventions is provided by 37 CFR 1.141(a), which provides: (emphasis added) Two or more independent and ...


3

At first it depends in which countries is your market, i.e. in which countries you are planning to start your business. You may start patent search in random patent databases to get some preliminary overview about possible relevant patent documents, but finally you need to analyze the legal and geographic protection coverage and statuses of critical patents ...


2

Almost every patent application gets a letter just like that. Your next step could be to find a patent attorney or patent agent to help you through the process. If, instead, you plan to continue on your own, there is a lot to learn. A document called the MPEP is the "bible" for examiners and applicants in terms of procedures. It has a section on the manner ...


2

If you are not going to pay to use a registered patent attorney or agent you have a few options. One is do it yourself. It will take much studying and isn't really reliable. You can join a local inventors club and get some advice from other inventors. To have a reasonable chance doing it yourself, you would need to make patent law and patent office ...


2

You need to pay all three in order for your application to move forward. They are listed separately in the fee schedule but, other than for one very specific case, it is best to think of them as one fee. The fees do not need to be paid at the time of filing but if not paid then there is a surcharge and you will get a notice that it must be paid by a certain ...


2

Yes you can. You must file the PCT claiming priority to the US provisional's filing date within 12 months from the day you file the provisional. The same is true if you also want to file a US non-provisional application (i.e., one that will be examined) based on the provisional.


2

From that claim, it looks like they have a universal emulator that decides which console it emulates by looking at the game's binaries.


2

Only a granted patent provides any right of enforcement and everything published is potentially prior art. A magazine article, a newspaper story,a blog entry, a granted patent, a published application that went abandoned.


2

You should call a patent lawyer on this. The rules for reinstating applications should be readily familiar to a patent attorney. I pulled up the application at http://portal.uspto.gov and it looks like it was deemed abandoned for failure to respond to an office action -- but the office action was a restriction requirement. This is a very simple type of ...


2

It is common in patents to find a new way to solve an old problem. I have no specific knowledge in chain lubrication techniques so I can't comment on whether this patent is novel. However, looking at the patent, there are ten patent citations reviewed by the examiner dating back to 1904. The examiner must have found the specific implementation as described ...


2

In short: you'll be fine to redesign. As a brief overview, a patent exists to prevent other people from using an invention. That invention is defined solely by the claims of the patent. Although the patent must include a description and drawings, they do not define the scope of the patent: only the claims do. So it doesn't really matter what the drawings ...


2

This patent application is still active, although substantive examination has not started yet. In fact the renewal fees were paid in April 2016 (so it will definitely be active till April 2017). As long as it is not granted, it remains an application. As far as it concerns the EPO there is no time limit within which a patent must be granted. I am quite sure ...


2

You need to search for the patent application to understand what is being patented. Applications don't publish until 18 months after filing so it may or may not yet be available. You can search at patents.google.com. One thing to remember is the claims in an application are very often much broader than the resulting patent. My guess (and I'm not a lawyer) ...


2

This is the list of examination ("prosecution") events for this EPO application: https://register.epo.org/application?number=EP09010216&lng=en&tab=doclist As you can see, there has been a rejection, and a failed appeal which was dismissed: https://register.epo.org/application?documentId=E1PXMFAK9711DSU&number=EP09010216&lng=en&npl=false ...


2

The term "system" fits your hypothetical example better than "device”, so I will use that term. Patent claims technically do allow a sort-of inclusion-by-reference. You might say the device of claim 1 operationally coupled to the device of claim 2. The big but is that claim 1 and claim 2 are not just "defining" a subcomponent; they are stating that each ...


2

I writing this as an inventor who worked for a large company rather than a patent attorney. I've worked with several patent lawyers to draft and file patent applications. In general, the process is to describe to your lawyer everything you can about the invention. Many companies have a disclosure form to start this process. Fill it out as completely as you ...


2

Definitely - it is done by employee inventors right at the time of filing, for example. The steps would be to draw up and sign an assignment agreement, record it with the USPTO (like recording a deed) and then submit a letter in the case identifying the new owner, it includes the recordation information. It is called establishing the right to take action in ...


1

The "Also Published As" field on Google Patents relates to patent families - i.e. patent documents that share a priority number and an associated priority date. There are several different ways to define a patent family, depending on how documents with multiple priority numbers are treated (see http://www.epo.org/searching/essentials/patent-families/...


1

First and foremost, it's quite common for companies to cross-license patents. In that situation, for a totally hypothetical example, Grindr might approach Zoosk and say "we have [this patent] that we think you'd be interested in, and you have [this patent] that we're interested in, how about we allow each other to use the other's at no cost?" It's much more ...


1

you need to check if invention was identified in provisional or complete application as filed, if what you are thinking now is out of the scope then you have only option of CIP. I think drafter may have forgot to differentiate background and description, if yes then you could in a way improve specification via amendments. further these amendments should ...


1

Benefits of filing late (that is, at the 12 month date) The costs of filing a PCT application are deferred. You reserve the ability to skip the PCT stage if your circumstances change within the 12 month Convention period. Benefits of filing early (that is, substantially before the 12 month date) You may possibly get the international search report early. ...


Only top voted, non community-wiki answers of a minimum length are eligible