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6 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, ...
Maca's user avatar
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4 votes
Accepted

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 ...
Maca's user avatar
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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#...
chempatent1981's user avatar
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 ...
George White's user avatar
  • 29.1k
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 ...
Ben Kleinman's user avatar
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.
D Bologna's user avatar
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 ...
Eric S's user avatar
  • 11.2k
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 ...
Maca's user avatar
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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 ...
George White's user avatar
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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.
George White's user avatar
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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 ...
Mr. Lokesh's user avatar
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 ...
Maca's user avatar
  • 6,178
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. ...
Robert Cartaino's user avatar
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 ...
DukeZhou's user avatar
  • 761
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 ...
George White's user avatar
  • 29.1k
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 ...
Chris's user avatar
  • 360
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 ...
Andreas ZUERCHER's user avatar
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 ...
Eric S's user avatar
  • 11.2k
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 ...
George White's user avatar
  • 29.1k
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 ...
Eric S's user avatar
  • 11.2k
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 ...
Sarasija Padmanabhan's user avatar
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 ...
Eric S's user avatar
  • 11.2k
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 ...
George White's user avatar
  • 29.1k
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 ...
WickedMongoose's user avatar
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 ...
Dylan O. Adams's user avatar
1 vote

Combining patented products

Most likely, unless someone else has already disclosed this combination or the combination is an obvious one. But be warned, you must be able to acquire those four patented products to make your ...
David's user avatar
  • 206
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 ...
Walker Weitzel's user avatar

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