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7 votes
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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, ...
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5 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#...
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4 votes
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What does "discretionary inquiry" mean?

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 ...
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4 votes
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Is it always okay to market a product that was patented 20+ years ago?

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 ...
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  • 7,033
3 votes

Can a YouTube video be submitted as prior art?

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.
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3 votes
Accepted

Finding prior art rejects an independent claim

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. ...
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  • 776
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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  • 7,033
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 ...
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  • 9,607
3 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 ...
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  • 7,033
3 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 ...
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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 ...
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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 ...
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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 ...
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2 votes

How does one start patenting an idea in India?

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 ...
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2 votes

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 ...
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2 votes

Application refused

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 ...
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  • 25.3k
2 votes
Accepted

What happens if I don't pay the issue fee?

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 ...
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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.
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  • 25.3k
2 votes

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 ...
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  • 25.3k
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 ...
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  • 913
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. ...
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2 votes

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 ...
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  • 9,607
2 votes

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 ...
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  • 1,299
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 ...
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  • 390
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 ...
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1 vote
Accepted

Inventor not included

Contact the USPTO. Not correctly identifying inventors may have serious consequences, and in certain circumstances, such mistakes can result in the patent being revoked under 35 USC 116 (US). There ...
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  • 46
1 vote

Ph.D student to file a patent without any contribution of the uni

Talk to your supervisor, co-supervisor, and your university's intellectual property office. Everyone should be on the same page. Some things to consider: 1) All inventors must be listed on the patent ...
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  • 491
1 vote

Cost to draft and file patent application in the U.S.?

It’s impossible to give an adequate quote and set of options without detail about how the technology works and a better sense of your business plan moving forward. The variety of options is extremely ...
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