4

The short uncomfortable answer: He can't. See the patent of the Walkman as an example: There is a guy inventing the first mobile stereo player and Sony just refuses to acknowledge him and pay him royalties. He had the patents(in more than one country!) and still a United Kingdom court invalidates them. (How is it possible, you ask? I don't know.) Finally ...


4

The question here skips over a big point. The patent document referred to (US20100325182) is a related to a pending patent application that has was rejected by the PTO and has now been abandoned by the patent applicant. So, there is no need to worry about this one. Generally, about 1/3 or more of patent applications filed are never issued as patents. If ...


4

Is this always true? No. While the basic rule is that a US patent has a term of 20 years from its filing date (assuming all the renewal fees were paid), there are (at least) two ways in which the term of a US patent could be longer than this. The first is by patent term adjustment under 35 USC § 154(b) due to delays by the USPTO. The calculation of this ...


3

Seems like your patent is rejected based on Alice decision. You can still overcome the rejection and get your patent filed. I recently read a case scenario where an inventor's patent was rejected by saying- the claims are drawn to an abstract idea The Applicant made an attempt to overcome the 35 U.S.C. 101 rejections of the claims by arguing that the ...


3

When reading a patent for innovation and non-obvious, you will need to read it with bias of the date it was filed -- that is you need to put your self in 2008 and look at whether the subject matter was innovative at that time. Things when successful are pretty quickly becoming accepted and "obvious", but that does not mean that they were obvious at the time ...


3

I highly recommend not using the USPTO's search site. Google patents is easier to use, more forgiving of poor search strings, now has patents and patent applications from China, Europe and WIPO, and provides access to information besides the patent itself, including assignment history. The search you did might have found something if you didn't have the "....


2

Similar? Yes. Better? Probably not. Filing for a patent on an idea/invention/etc. without a patent lawyer is like bungee jumping without a bungee cable. There are many who attempt to create the verbiage of a patent on their own or with small-knit online communities, and when their idea comes to fruition, it gets stolen left and right because the patent ...


2

You should take a look at "Alice" and "Bilski" and "Mayo", the three recent cases that address this area. Essentially, as I understand it, a purely abstract idea such as a "set of mental steps" is not likely patent eligible at this time. However, patent law is always in a state of chaos, so you should consult with a patent attorney or two before making ...


2

Disclaimer: the following is just personal opinion. Always talk to your attorney for professional legal advices. You should read through all the claims and check if the specification & diagram substantiate the claims. If the specification and the claims only describe the preferred implementation but does not describe alternative approaches that are ...


1

I attended an IP CLE conference last week and the following cases were discussed in relation to Alice. McRO, 837 F.3d 1299 (Fed. Cir. 2016) Amdocs, 841 F.3d 1288 (Fed. Cir. 2016) Trading Technologies, Inc., CAFC Appeal No. 16-1616 (non-precedential opinion that describes how 101 applies to GUI's) Thales Visonix, Inc., 850 F.3d 1343 (Fed. Cir. 2017) Visual ...


1

Thats not a patent, that's a patent application. Which means, it doesn't protect anything yet and might never. See this question for more information. Furthermore, the abstract and description of a patent can contain anything. The protection of a patent is defined by the claims. The independent claims of the patent application currently read as follows ...


1

Yes, a business method, product, or process, becomes "prior art" once it is publicly disclosed, used, or sold. Yes, the US provides a one year grace period from the time of initial disclosure, sale, or public use to file a patent application. However, the US is now a first-to-file country, so it's not a good idea to wait.


1

First, the US Constitution and Title 35 of the United States Code treat patenting inventions as a right, rather than a privilege. Adding additional requirements of the sort you would like would require the passage of new legislation (i.e., it's not something that can be changed by the United States Patent Office). Secondly, "software patents" are already ...


1

I recommend looking for a non-profit inventor club locally. The UIA maintains a list. My view is that the patent system can be used by the "little guy". The big guys have market presence, capitol, name brand etc. - very hard to duplicate for a start up. Patents can be a leveler.


1

In most re-told cases, inventor services that take some ownership in your patent in-exchange for defending / promoting it – will marginalize their involvement with you. You have to consider their business model. They are looking to optimize their expenses to maximize returns through litigation and portfolio sales. If you dont' clearly have the next big ...


1

Kiplinger's Personal Finance Jan 1997 http://books.google.com/books?id=aAcEAAAAMBAJ&pg=PA136&lpg=PA136&dq=online+rebate&source=bl&ots=1tAKHdbd4z&sig=WL-HEog8sppxb1BQ2rqsUD_yDG0&hl=en&sa=X&ei=JxZjUMPLEOr30gGXqYDQBw&ved=0CDcQ6AEwAA#v=onepage&q=online%20rebate&f=false Prior art - article on rebates given by major ...


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