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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). ...


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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-...


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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. ...


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No, as per Indian patent act, 1970. section 3(k) a mathematical or business methods or a computer program per se or algorithms are not patentable.


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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/...


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History. From 1790–1835 the Patent Act of 1790 dictated 14 years from issuing and from 1836–1860 patents ran 21 years from issuance under the Patent Act of 1836. Before being swapped to 20 years from filing, patents between 1861 and 1994 ran 17 years from the granting date under the rules of Pub.L. 36–88 (12 Stat. 246). The time a filing spent in the USPTO ...


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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 ...


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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, ...


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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, ...


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Can a specific idea for art be protected or patented? Art cannot be patented it can only be protected by copyright Example: I draw a funny cartoon of an employee falling asleep at a staff meeting. Then I add a phrase making the art even funnier (at least for me). The art and phrase can be protected under copyright. Try to protect the equivalents of the ...


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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 (...


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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 ...


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There are certainly many patents that cover educational systems. A few that came up in a quick search: Online educational system with multiple navigational modes US8727781B2 Vertically integrated mobile educational system US9324240B2 Real time learning and self improvement educational system and method US8602793B1 On-line educational system having an ...


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Funny question. But you're paying fees and all, if it really came down to someone else with the same name trying to steal your patent, I do think you'd be able to prove that it's yours by following the money. Other than that, name and adress. However, as long as nobody complains, the patent office won't extensively check for fraud. If you sue someone ...


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Regardless of location of the inventor the person’s name and city of residence are all that is listed in the form. Same form for everybody. By international treaty every patent office needs to treat inventors and applicants identically regardless of nationality. Might be different if the invention relates to atom bombs. There is an issue about accessing ...


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See the two most popular sites that cover current affairs in patents - patentlyo and ipwatchdog. A law firm has a blog Federal Circuit IP Blog that covers the Federal Circuit, the court that handles all patent case appeals. .


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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 ...


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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 ...


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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 ...


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Can parties invalidate patents of their competitors without showing concerns related to infringement or product development for the similar technologies? If you want to invalidate a patent, you can do so either through the Patent Trial and Appeal Board or through a federal district court. There are basically 3 options: Post Grant Review -- available up ...


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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 ...


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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 ...


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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.


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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-...


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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 ...


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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). ...


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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 ...


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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 ...


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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. ...


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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,...


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