4 votes
Accepted

Can Patent A be considered as a prior art over Patent B with a priority date before the filing date of Patent B?

Due to the application beeing pre AIA, I had to revise my previous answer Lets start with two of the three conditions for patentability - novelty and non-obviousness (the third is usefulness). Prior ...
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  • 5,827
4 votes
Accepted

Scientifically invalid patents

For your second question: No. Now to the first one, as this is harder. If the claims state something similar to after adding two to two we get 4 but 4 is sufficiently close to 77 so whatever or we ...
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  • 5,827
4 votes

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

You haven't said what is actually claimed. But that's what matters. I have assumed that the claims relate to the particular method that you note is described. Enablement requires that the reader can ...
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  • 7,033
3 votes
Accepted

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

If the application is still pending, you may even attempt filing third-party submission (if still possible), and state that the publication is relevant to 101/utility. However, it sounds like this ...
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  • 1,186
3 votes

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

It depends. If they are claiming (in the claims) the results or something related to the results, then maybe. If however they are claiming for example the method and it's described in a way that ...
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  • 5,827
2 votes

My old patented invention appears to be patented again

Any claim that covers embodiments rendered obvious by the description of the previous patent is invalid. At first glance it appears that the newer patent adds a lot of constraints to the structure; ...
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  • 1,013
2 votes

How do I collaborate with a company who may have a provisional on my idea?

I think that the best procedure would be the following one : 1) Fill a provisory patent with your idea and much as detail as possible 2) Offer the company to set a bilateral NDA between you and them ...
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  • 121
2 votes

Use of HFC-134a as a propellant

This change in EPA rules covers production and use of products containing HFC-134a, but it does not affect the validity of the patent (a patent is not a product). Further, the independent claim in ...
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  • 1,775
2 votes

How are patents like US7548054B2 and US9588147B2 granted in light of DE2003120293

I am not familiar with this technology, but in my opinion your summaries about the two US patents are not accurate, or are so simple that obviously one would conclude that the patents could not have ...
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2 votes

Asserting prior art to invalidate patent

I worked for the patent office for a little while in a TC that does some software and non transitory medium patent applications. I would take a look at the MPEP (Manual of Patent Examining Procedure) ...
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  • 37
2 votes
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Options for EPO post-grant challenges?

So is this the extent of options for patent challenges at the EPO -- i.e. no options after 9 months? Correct. Once the 9 month opposition period finishes, the only way to revoke another person's ...
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  • 7,033
2 votes
Accepted

Can a patent issued before Alice, but suspect of not meeting its standards now, be invalidated at the PTAB?

The process to invalidate a patent if the owner does not attempt to enforce it is an Inter Partes Review. They kill from 40%-70% of claims they encounter depending upon who’s method of analysis you ...
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  • 25.3k
1 vote

Would it be considered appropriate for a large corporation to patent a design they had nothing to do with coming up?

NO That is not proper at all. In the U.S.someone who is not a true inventor needed to sign the paperwork declaring that they were a true inventor for the filing. The form says fraudulent signing is ...
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1 vote

Can inequitable conduct lead to patent invalidation before litigation?

No The way some of or all claims can be invalidated outside of a patent infringement case in a real (Article 3) court is via an IPR before the USPTO. The grounds in an IPR are limited to the issues ...
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  • 25.3k
1 vote

I created an object that I never patented but someone else did I don't know

No and none. And mailing something to yourself was never worth anything. Under the previous U.S. patent law (anything filed before that portion of the AIA took effect in March 16, 2013), one could ...
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  • 25.3k
1 vote

I created an object that I never patented but someone else did I don't know

There are a couple of things to understand here: A patent is kind of an exchange between the public and the inventor. The basic legal theory is the inventor agrees to share their very special ...
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  • 111
1 vote

Are conference papers, proceedings or journal articles published 6-7 years prior to his patent considered as published material invalidating patent?

Yes, materials published many years before a filing priority date would be considered useable as prior art. The U.S. has a quasi-grace period of a year for things published by the inventor him/herself,...
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  • 25.3k
1 vote

How detailed must a description in a non-patent instance of prior art be to invalidate claims?

(Note: the blog post is not cited in the patent or its examination.) This gives the added advantage as the same has not been examined the page could be a potential Novelty destroyer for the patent. ...
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  • 1,299
1 vote

How to interpret prior art with broad claims and narrower specification in order to invalidate another patent?

Bad news: there is an unexpired US patent that covers my concept (most claims are relevant and not easily designed around). There may be more than that one patent I've found a few instances of ...
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  • 25.3k
1 vote

Validity / Invalidity of patent : How to approach from the beginning to end

The first step would be to sue the patent holder. Once the patent has been granted, it's a matter for the courts. I don't have any examples of defensive suits launched prior to release of an ...
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  • 913
1 vote
Accepted

Do Protests make Third Party Submissions redundant?

After publication, when you can see the claims, you might find that the references you previously submitted are not as on-target as you assumed and end up filing both. A consideration might be that a ...
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  • 25.3k
1 vote

Is the balancing patent for wheelchairs from DEKA righteous?

If by righteous you mean valid, one answer is that EP1512055B1 is a granted patent and thus legally enforceable. I looked on Espacenet and the European Patent Register for cited documents and the ...
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  • 9,607
1 vote

How was this patent even granted?

What you linked to is not a US patent. It is a patent application. It may never get to be a patent. You can use the US Public Pair site to determine the status of this application. At this point, the ...
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  • 9,607
1 vote

Are these patents unreasonably broad? US20130158984A1, US20130151240A1, US20130198196A1

I only quickly reviewed the patents. The applications you cited are now issued patents: US9087048B2, US9015037B2, US9176957B2. They seem to be specifically aimed at automatic fact checking of posted ...
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  • 9,607
1 vote

Air Freshener Dispenser Lid; D 641, 464

This prior art search has been posted for a while with little response. As I am not a patent attorney, this response is based on my best understanding and if there are inaccurate statements, I hope ...
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  • 9,607
1 vote

"On a computer"?

Doubtful. Based on the claims (which are what determines the metes and bounds of patent protection and are what would be scrutinized under an Alice analysis), it seems like substantially more than ...
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1 vote

Patent application intellectual property rights

Its unclear to us whether both subject matter was same and you have priority over inventive subject matter, however if you feel you have the priority and your disclosure was novelty destroying then ...
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  • 2,115
1 vote

Dependent claim from invalid independent claim

For an infringement claim to hold, it must pass the all-element rule. For example, Claim #1 contains element A, B, and C Claim #2 contains element D Claim #2 is dependent on #1 Infringement on claim ...
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  • 646
1 vote

how to check the priority date of the patent?

In situations where priority is claimed to a document having different text, priority is determined on a claim-by-claim basis. That is, different claims of a CIP patent may have different priority ...
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  • 121
1 vote

Call for Prior Art US Patent 7,888,125 (Theranos) Duke v. Stanford

The method of calibrating the sensor is not novel. It is the same method used in most systems to calibrate a sensor. Here is a patent that uses this procedure for calibrating fluid flow. “Electro-...
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