7
votes
Accepted
Repatenting someone else's dropped provisionals
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, ...
- 6,218
4
votes
Repatenting someone else's dropped provisionals
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#...
- 1,292
3
votes
Can a patent make you stop selling your product?
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 ...
- 29.9k
3
votes
Can a patent make you stop selling your product?
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 ...
- 484
3
votes
What is the best strategy to avoid patent tyranny?
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 ...
- 11.6k
3
votes
What is the effect of a US patent in Brazil?
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 ...
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3
votes
Accepted
Is it legal for a patent owner to disallow use of technology?
The only right a patent gives is the right to exclude others. That is the whole point. The courts have modified it to the right to try to exclude others. Due to a case called “EBay”, in some cases the ...
- 29.9k
2
votes
Inventor not included
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.
- 29.9k
2
votes
US patent application based on the contents of Chinese patent applications
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 ...
- 6,218
2
votes
Can terms and conditions trump patent awards?
Remember that a patent does not grant you permission to actually create the product or service you invent. It only grants you exclusive rights to prevent others from making or using your invention.
...
- 613
2
votes
How was the period for patent protection chosen?
You have a lot of interesting questions, and the subject of patent term length is actually very important to the tech industry.
I would suggest the paper An Empirical Study of the Twenty-Year Patent ...
- 360
2
votes
Are an electronic circuit/schematics patentable there are lawsuits or literature about?
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 ...
- 29.9k
2
votes
What is the best strategy to avoid patent tyranny?
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 ...
- 761
2
votes
Is it legal for a patent owner to disallow use of technology?
The monopoly that a patent-grant provides allows the patent owner to dictate any overt terms that he, she, or the assigned company desires as long as the dictates are otherwise legal and to which the ...
- 371
1
vote
A patent have nationality?
I think you are confused by the difference between an invention and a patent. A patent is a legal document that provides a limited duration protection to an invention in a specific jurisdiction. The ...
- 11.6k
1
vote
How was the period for patent protection chosen?
Patents were systematically granted in Venice as of 1450, where they issued a decree by which new and inventive devices had to be communicated to the Republic in order to obtain legal protection ...
- 1,191
1
vote
How was the period for patent protection chosen?
I can't provide historical context for the reason 20 years is the term for utility patents, but I can say that it didn't originate in the US. Up until June 8, 1995 the term for US patent was 17 years ...
- 11.6k
1
vote
How to deal with patents that others hold?
Is there any way I can create mainstream devices that have patented
parts without being sued?
Yes, you either avoid infringing on those patents by designing around the claims, or else you take a ...
- 11.6k
1
vote
I would like to know who owns us4106454a
A granted patent is a bundle of rights. Those rights can be owned but after the patent expires (+ 6 months) the rights do not exist, no one can be the owner of non-existent rights.
Also, from the ...
- 29.9k
1
vote
Use of Patent outside the USA
This patent is also published as WO1996019627A1 (a PCT publication), JPH10510894A (a Japanese publication) and CA2207907C (a Canadian publication). In all probability, since in most places 20 years ...
1
vote
Use of Patent outside the USA
US patents only protect the use of the patented invention in the United States. There are often equivalent patents filed in other countries. In any case, patents expire and this patent should have ...
- 11.6k
1
vote
Does a patented product have to be produced to be enforced?
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 ...
- 29.9k
1
vote
How best to patent idea while working for company?
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 ...
1
vote
What happens when you make a spelling error in a dependent claim?
Typographical errors in issued patents can be fixed by filing a certificate of correction with the USPTO. It's not possible to correct it by making amendments like before or during examination because ...
- 425
1
vote
Name of the Procedure to transfer 3rd party patent rights to myself
Patent rights vest upon issuance of a patent. The contractor's patent should not have issued because he was not the inventor (note that a final rejection in-an-of itself does not mean that a patent ...
1
vote
What happens if I don't pay the issue fee?
You can actually still revive an patent that has been abandoned for non payment of an Issue Fee. We have done it several times, and are going to do it again now. Of course, the petition fee to revive ...
- 21
Only top scored, non community-wiki answers of a minimum length are eligible