5

Ask Patents was specifically created to take advantage of a feature of the new AIA patent law that provides a specific ways for the public to inform the USPTO of documents they think are prior art to a pending application. It can be done yourself on line. To preserve your anonymity can be done via a patent practitioner (patent agent or patent attorney). ...


5

Let me preface this by saying I am not a lawyer. I do, however have quite a few patents. One very important thing to remember about obtaining patents is that public disclosure of your invention before filing can represent prior art and block you from obtaining the patent. Since patents go to the first to file it is an excellent idea to process a non-...


4

I'll start with a few basics. To get an invention patent (there are also design patents to protect an ornamental design, I'm ignoring those now), the invention itself needs to be novel and non-obvious (over basically all prior public disclosures). That means, any disclosure of how the invention works voids your ability to obtain a patent. In principle. ...


4

For software, there are two main ways of claiming intellectual property. Firstly, your work would automatically be covered by copyright. However, that will not protect the essential idea in your project. Anybody else could re-implement the idea on their own and sidestep your copyright. Alternatively, to protect the main idea itself, you could attempt to ...


3

By "patent to get published" do you mean how long it takes to get patent granted and the publication of granted patent? Or do you mean how long it takes to the publication of patent application? The latter is normally 18 months. You may find some useful information about Japanese patent system here: http://www.epo.org/searching-for-patents/helpful-resources/...


2

Is it possible? Yes. But in general, it will be less lucrative for inventor--a patent or application will generally give the inventor a upper hand in negotiations. Is it likely to happen and/or likely to turn out as you want? Maybe, maybe not. You can certainly sell things as you wish. There are some caveats in contract law about what selling something ...


2

You need not do anything. It will become abandoned by your failure to reply in time (37 CFR 1.135(a)). Nevertheless, if you want, you can expressly abandon your application by filing a letter to this effect (37 CFR 1.138). However, if you do this, there's little chance of reviving it later. It would therefore be a pretty rare case that this is a good idea, ...


2

A new way of gambling is not really patentable subject matter, as it is almost certainly an abstract idea. Abstract ideas are excluded from patentability in the US. Although there is no single definition of abstract idea, the 2014 Interim Guidance on Subject Matter Eligibility provides: Abstract ideas have been identified by the courts by way of example, ...


2

Take this with a grain of salt (not formal legal advice), but I would be a bit skeptical of the outside company. Although getting an NDA would be requisite for interacting with them (as Eric mentions), companies often will not go for this as it may preclude their rights relating to the subject matter even if they independently come up with it. I feel the ...


2

You have actually asked about two different topics: patentability and patent infringement. The two have much less to do with each other than many laypeople believe. It is possible for something to both be patentable and to infringe other parents. Regarding patentability, if the improvements you've made are novel and not obvious in light of the prior art (...


1

There are many many patents with the term "value-at-risk" in the tile or body. From google patents - The oldest one System and method for determination of incremental value at risk for securities … EP US JP AU CA US5819237A Mark B. Garman Financial Engineering Associates, Inc. filed 1996-02-13 The most recent US10277525B2 Method and apparatus ...


1

Simply stated, there is no way to protect your idea other than keeping it a secret. Even then, if someone else discovers the invention independently, they can file for a patent and if they do so before you and it gets granted, they will own the invention. You can file a provisional patent application for a low cost which will give you a year to raise funds ...


1

You can keep the idea/concept/invention confidential until you have enough money to file a patent. People with no previous background who write and file their own patents do not often end up with the protection they desired but it is possible for you to make a serious study of patent law and patent office procedures. I recommend David Pressman's Patent It ...


1

Does every patent invalidity search is conducted to overcome the threat of infringement suits imposed by their competitors? The purpose of the invalidity search is to evaluate the validity and enforceability of a patent’s claims and reaffirm a protection from future litigation's. It is also done to protect future interests, suppose a company is in a ...


1

Technology questions are off topic for this site so this question may get closed. However, what I will advise is to focus on the claims. Here is claim 1: A base station supporting a radio link handover in a cellular communication system, the base station comprising: means for receiving a radio link handover initiation message from a network ...


1

Patents are only valid in the country they are issued. There is no such thing as a worldwide patent. This particular patent is a US Design patent. As such, this patent cannot be enforced in Mexico (or anywhere outside of the US). The only concern would be whether there is a counterpart patent issued in Mexico.


1

You have to ask yourself "what is the actual invention?". If the help you received was helpful, but didn't actually contribute the inventive step, then you should be okay. If, however, the help provided the inventive step in at least one of the claims, then the contributor is a co-inventor. My first patent arose this way. I did some brainstorming with a co-...


1

Short: No. Long: One requirement for patentability is called novelty. It basically translates to “nothing which is known to the public (be it by public use or publication) can be patented.“ However, if you invent improvements who which are not obvious in light of the prior art which is known to the public, those can be patentable. Other than that, you can ...


1

The inventor has to be named on the patent, so there's that. But I think your question relates more to the scientific acknowledgment of an invention. Your example shows one great scientific invention (inventor known) and one great idea which didn't contribute to science (maybe a little, but not like the blue diode or relativity theory -> inventor unknown). ...


1

In every company I've worked for, if I invent something as a part of my employment, the company owns the rights to the patent. I simply would not have the option of patenting it myself. If I were to invent something outside of my job then I might have the rights to the patent, but it may get a bit tricky if the knowledge that lead to the invention is due to ...


1

Edit: I thought OP was asking about a script developed on company time. As that is not the case, some parts of the answer are referencing this wrong. Just replace those in your mind with - It's almost certain that script belongs to you and not the company, unless some regulation explicitly states that you may not work on company related topics at home, which ...


1

When you talk to a lawyer, be sure to ask him to explain to you 1. The law of limitation 2 Equitable concept of delay and laches Also examine what non legal remedies you could persue. Regards Ashok


1

I am a lawyer, and the other poster is correct. You should find an intellectual property attorney and have a conversation.


1

Jonathan, I don't suggest divided ownership of the underlying IP as this can get very messy. Instead, I would recommend providing the contributors with ownership in the LLC that owns the IP. Depending upon the complexity of the features you want to protect in the software, preparing and filing a patent application could be on the order of $8k to $15k. ...


1

An application is not a patent, so until granted there's nothing stopping you going to market, but there obviously could be issues down the line. As to the WIPO patent APPLICATION in question, the reason you can't find a USPTO reference is they haven't included the US in the list of: Designated States they are considering seeking protection in. As to the EU,...


1

There are two forms of intellectual property that might apply here: patents and copyright. Patents can cover the idea but require considerable effort to get. Copyright is automatic but does not cover the idea, only the software itself. A patent covers a specific method to accomplish a certain practical result. If your idea leads to some new practical ...


1

This is the Illinois Employee Patent Act: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2238 The relevant passage for you is here: (1) A provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer does not apply to an invention for which no ...


1

You should get a solid legal answer by an attorney. Show all of your paperwork and any agreements with your employer. I have run into this myself for our clients as CEO of The Mars Rising Network. An attorney has to look at all of this to determine if you are free to move on your own. In your case you are a software developer, I have seen other people that ...


1

Are you sure you have not signed away your IP rights? Did you check your employment contract thoroughly? Generally, these days most employment contracts for salaried (and even contract) employees have standard boilerplate language broadly asserting that whatever intellectual property you come up with while you are employed belongs to the employer by default. ...


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