3
votes
Is registering for an invention fair considered as public disclosure?
The PCT does not have any "grace period", it leaves that to each Contracting State and the national patent law thereof. If the International Searching Authority finds a disclosure made by ...
- 2,264
3
votes
Accepted
What are the consequences of demonstrating an invention in public before applying for a patent?
First, public demonstration that keeps the invention hidden -
In most of the world the focus is on actual disclosure and a demonstration that didn’t expose the claimed invention would not break ...
- 29.9k
3
votes
Accepted
Do I have to disclose the infringement in the Information Disclosure Statement form?
If you file the non-provisional within the 1 year time after the provisional, then anything well described in the provisonal gets the date of the provisional. If the "infringing" product is based ...
- 29.9k
3
votes
At what point do conversations become prior art?
This is a very interesting topic and a short answer is rather impossible. It's all about how you define the public and its access to prior art.
The EPO (Europe, for the most part of it) considers ...
- 1,292
3
votes
At what point do conversations become prior art?
I'm not a lawyer, but my understanding is that something has to be publicly disclosed to be considered prior art. Conversations between colleagues within the same business is clearly not prior art. ...
- 11.6k
2
votes
Accepted
method patent: sub-method dependency
Is it okay to show just one way of performing step C?
Yes.
The relevant law is provided by 35 USC § 112(a), which provides (emphasis added):
The specification shall contain a written description ...
- 6,218
2
votes
Information Disclosure Statement
It advances the application process by fulfilling an important requirement on the applicant. It could also help the examiner in formulating a good first office action. If the first office action is ...
- 29.9k
2
votes
Is it possible for patents to have trade secrets?
In the U.S. you need to include the "best mode" embodiment of your invention. You might be able to narrowly claim A such that a disclosure sufficient to enable A, alone, does not need to mention B as ...
- 29.9k
2
votes
Is it possible for patents to have trade secrets?
Based on feedback, i'm editing my answer.
You are obligated to disclose your invention's best embodiment in the patent application. Thus if A isn't really sufficient without B I'm guessing you ...
- 11.6k
2
votes
Accepted
Is it a good idea to publish the white paper describing the technology right after filing patent application?
If you were to file another application claiming priority from the first patent application, and you were to further add new embodiments in that another application, then the publication of the white ...
- 2,264
2
votes
Accepted
Is it possible to file for patents in Australia within 1 year of US patent publication?
I think you are mistaken about basic premise of patent application prosecution timeline. Australia, like any other PCT member countries or Paris Convention member countries, adheres to one year time ...
- 1,072
2
votes
Can independent 3rd party disclosures created during grace period after inventor disclosure be used against inventors after the grace period?
An answer to the question in your title is at How do others' publications during the grace period hinder patentability?
As interpreted by the USPTO the provisions for a grace period in the AIA ...
- 29.9k
2
votes
Can independent 3rd party disclosures created during grace period after inventor disclosure be used against inventors after the grace period?
I'll try to clarify. Under the AIA first to file system, the effective filing date of the pending application is important for figuring out what is in the prior art. The law (35 USC 102) is now set ...
- 21
2
votes
Accepted
Retaining inventorship of abandoned provisional patent of India (even if rights are foregone)
- to retain the inventorship -
This has two aspects. Your claim to be an inventor (moral right) and ownership right to an invention. From your discourse, it appears you are more and probably only ...
- 1,072
1
vote
Accepted
"public use" or "disclosure" of a method which is a part of a provisional application implemented in a backend (not publicly visible or disclosed)
A U.S. answer
Commercial public use is a little up in the air after the AIA changed the law 10 years ago. Before that secret commercial use triggered the 1-year grace period.
Now it might or might not ...
- 29.9k
1
vote
Retaining inventorship of abandoned provisional patent of India (even if rights are foregone)
Yes, software as such is not patentable in India according to the section 3(k) which states
a mathematical or business method or a computer programme per se or algorithms; cannot be patented.
There ...
- 1,191
1
vote
Is it possible to patent something that was disclosed in a priority application?
This is definitely possible as it relates to the US -
(b) Subject to the conditions and requirements of this paragraph, if
all or a portion of the specification or drawing(s) is inadvertently
omitted ...
- 29.9k
1
vote
How to respond to Australian subsection 40(3) objection
I'm a U.S. patent agent but am not particularity knowledgeable about the AU patent system. I dealt with them through a local firm. However,40(3) is very short .
"(3) The claim or claims must be ...
- 29.9k
1
vote
Is it possible for patents to have trade secrets?
It is possible to file a patent application AND retain the ability to treat it as a trade secret. When you file, you need to file a non-publication request. There are downsides in terms of foreign ...
- 653
1
vote
What happens if non-disclosed subject matter is granted in the US?
USPTO allows for correction of patents, even after the grant of a patent. The following ways are provided by USPTO in order to correct a granted patent
• The patentee may disclaim one or more claims ...
1
vote
Is registering for an invention fair considered as public disclosure?
In the U.S. something becomes prior art under 35 USC section 102
(1) the claimed invention was patented, described in a printed
publication, or in public use, on sale, or otherwise available to ...
- 29.9k
1
vote
Accepted
Emailing Patent Drafts to Attorney
35 U.S.C. 102 has the rules on public disclosures and are discussed in MPEP 2152.
35 U.S.C. 102 (a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—
(1) the claimed ...
- 250
1
vote
Combination of dependent claims
One option is to file provisional in the US the same day as the nonprovisional with the claims exactly as you plan to have them in rest of the world and use it for priority. Since it is not examined, ...
- 29.9k
1
vote
Labeling Patent Applications to avoid disclosure
For patent attorneys and agents who you have engaged, any disclosures you make to them are confidential and privileged. They would not be able to make any of the matter public (at the risk of losing ...
- 6,218
1
vote
Appropriate Level of detail to describe patents process and invention
It sounds like you are trying to obtain a "software patent". I'm not a lawyer, and there is a lot going on with respect to patentability of software so you really should consult with a patent attorney ...
- 11.6k
1
vote
Accepted
If i publish my invention before i get a patent do i have a year to get a patent before i lose my rights?
Disclosures made by the inventor less than 1 year before the effective filing date is not prior art in the US (35 USC § 102(b)(1)). Accordingly, as long as the effective filing date (which can be the ...
- 6,218
1
vote
Is it possible that i will disclose my idea through searching existing patents or using search engines?
You could try using as search engine that (claims to) respect your privacy more. Duck Duck Go supposedly will not store your search history (or less of it for a shorter time? I forget). It might be ...
- 11
Only top scored, non community-wiki answers of a minimum length are eligible