Hot answers tagged

7

The answer to this turns on 35 USC § 102(a), which reads: A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or (2) the claimed invention was described in a patent ...


5

Why does it puzzle you? If it is not available to the public, it is not prior art. I think relevant US provision is here (MPEP 901.02) https://www.uspto.gov/web/offices/pac/mpep/s901.html#ch900_d225b5_2caa7_e7 Notice that it only mentions printed or published provisionals OR provisionals that are publicly available because they ended up to normal filings, ...


4

Demands for a "simple discretionary inquiry" happens when a court disagree with the Federal circuit imposition of a “clear and convincing evidence” standard on a party seeking to establish entitlement to attorney’s fees. The demands for a "simple discretionary inquiry" is under section 285, which means it imposes no specific evidentiary burden, much less ...


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

Yes, it can. I did a quick search and found over 100 patents with a youtube.com prior art citation. The earliest citations I found are in US 7783710, US 7844507, and US 7934725.


3

The term "Tricryption" does seem to be obscure. It has no weird legal meaning related to security and encryption. The basic legal principle is that the patent claims must be "given their broadest reasonable interpretation consistent with the specification.” The applicant is also free to act as his own lexicographer, meaning the applicant is allowed to ...


3

The core thing the specification and claims talk about is a "music information object". It is not just a bunch of arbitrary bits in that it is specified to contain music and other things related to that music like rights management code and maybe the score of the music. The specification actually has a short section where it essentially defines what the term ...


3

Thirty years later - absolutely none. Given the lifetime of a patent is ~20 years, it would have expired by now, in any case.


3

A dependent claim is ALWAYS valid when its independent claim is valid. However, if an independent claim is invalidated, that DOES NOT ALWAYS necessarily mean that dependent claim is also invalid. However, the procedure for amending the independent claim by including limitations from the dependent claim(s), and the process of examining the patentability of ...


3

You have referred to a US patent (and application). This is only effective in the US, and therefore could not apply in other countries. In addition, by searching for the inventor's name at INPI, it appears that no related Brazilian patent exists. It therefore appears at first blush that this patent (or any equivalents) would not prevent you manufacturing ...


3

Why do you consider this patent tyranny. Someone came up with the idea before you. They spent the time and money to obtain a patent to protect it. The fact that you are a non-profit doesn't mean you aren't potentially reducing the patent holders ability to sell his product. Your best bet is to contact the patent owners and see if you can get permission to ...


3

Priority is governed by 35 USC §119(a). The important part for us is the beginning, which provides: An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application for a patent for the same invention in a foreign country … It then ends with a ...


3

I hope this is helpful. Ask Patents is not part of the USPTO but is just a group of volunteers trying to provide patent information to the general public. Our answers are not authoritative. The USPTO does have a department of people specifically to work with the offices of other countries. It is called the Office of International Patent Cooperation. A link ...


3

Simply put, yes. A little more precisely, there may be existing patents that the product infringes. Either the product as a whole (a personal cooling unit) or parts of the product (like the straps or the cooling mechanism or the power supply) or the way you make the product (for example, a patent on some particular way of assembling the device). The ...


3

Yes, if their application pre-dated your public disclosure. Another possibility is the person's product came after yours but the examiner does not find your device or anything else like it. A patent might be granted. In your defense, if sued for infringement, you would have your documentation that the information was public before the other person's filing ...


2

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 ...


2

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 ...


2

They are not patents. They are applications submitted to try to get a granted patent and are by the same inventors. By looking in the USPTO Public PAIR database I see that they were both rejected and both went abandoned. It isn't clear why they filed two similar applications in this case. There are many reasons to file similar applications. Sometimes ...


2

You have it basically right. First an application is submitted and it gets an application number and a tentative filing date. Over the next few weeks it is checked by administrative people for conformance and completeness with respect to formal requirements. They are not looking at content other then that the minimum requirements are met. These include ...


2

To add to the excellent answer above from Micah: You get a patent on the clever part of your product idea because that part is novel and non-obvious and useful. But your shipping product is almost always more than the core clever part. All of the other parts of your product are things susceptible to infringing someone else's rights. This is clear in the ...


2

This is a great question because it elucidates a first principle of US patent law. A patent does not grant its owner the right to build, make or sell anything. A US patent owner has the right to prevent others from building, making or selling in the US what is described in the claims of his patent. With regard to the subject patent 5,636,276, after it has ...


2

Obtaining a patent is a first step to compete with commercial competitors. According to the The Patent Act, 1970. The following are not inventions according to section 3(k) of Indian Patent Act, 1970 "a mathematical or business method or a computer programme per se or algorithms" Not all the inventions are fall under this category hence some of the ...


2

This site, and my expertise, is confined to patents so I will not address copyrights. Patents cover inventions - the structure of an apparatus, the steps to take to achieve a result, the configuration and operation of a system are examples. The patent law's broad list what can count as an invention ends with the words "or any new and useful improvement ...


2

Under the AIA law of 2012 wrong inventorship can be corrected without regard to deceptive intent. No longer a reason to tear up a patent.


2

Only a granted patent provides any right of enforcement and everything published is potentially prior art. A magazine article, a newspaper story,a blog entry, a granted patent, a published application that went abandoned.


2

I can only speak regarding the US patent system. Does the patent become abandoned? Yes, see the rules on Notice of Allowance. The issue fee is due within three months of receiving the notice of allowance. If the issue fee is not paid, you simply abandon the application. If yes, can I revive it? Under what conditions? No, see the MPEP Sec. 711. ...


2

Some countries do require a patent holder to either "work" their patents or be subject to compulsory licensing. India is one example. In the U.S., practicing your patent is not required to keep a patent valid. In fact, you may not even be allowed to make and sell a product that incorporates your patent. An example would be a patent that was an improvement of ...


2

Patent litigation is often described as "ruinously expensive" to pursue, thus there generally must be some financial incentive. My take on the advice given by your legal experts is that because you are a non-profit, there is no profit in trying to sue you for damages, or even spend the money to try to block you. That said, there are many variables. ...


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