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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 ...
  • 9,259
2 votes

Does a product on the market have to state that it is patented?

Not really necessary to notify a product with the words such as "patent pending", "patent applied for" or "patented product". These words do not provide any legal protection against infringement. ...
  • 756
2 votes

Does a product on the market have to state that it is patented?

Its not mandatory, but if a organization wants to notify potential competitor on infringement risk they can write the patent information on products. keep in mind that false representation of patent ...
  • 2,075
2 votes
Accepted

Can I patent a communication protocol?

Last year the answer for protocols was yes. It might still be yes at the USPTO but now it is likely for a judge with no technical background to say "it is just doing what computers do". APIs have not ...
  • 26.2k
2 votes

What is the relationship between US20080195499 and Bitcoin?

This patent application had very broad claims that could have had an impact on Bitcoin (and electronic commerce) if they had been granted. But the application was abandoned. Current status per PAIR: ...
  • 171
2 votes
Accepted

Patent of specific financial structure

I will speak to Europe, as I believe the answer is entirely clear there. The US is arguably slightly more murky. I'm afraid I have to disagree with the conclusions of the accepted answer, which, in my ...
  • 6,103
2 votes

Modifying an existing patented product to create a totally new non obvious product

A patent gives the patentee the right to make, sell, use, or import into the USA the patented product. You cannot USE the patented product as a starting material for the synthesis of your own product ...
2 votes
Accepted

Inheritance of enforceable patents

Is inheritance of a patent (assigned to an individual) possible? Yes. A patent is personal property, per 35 USC § 261: Subject to the provisions of this title, patents shall have the attributes ...
  • 6,103
2 votes

Should a 3D designer be on patent?

You can always try to negotiate the terms of your contract. However, I doubt anyone would hire you on the basis of a paying you for your time and also getting a fraction of the patent earnings. The ...
  • 9,259
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 ...
  • 751
2 votes
Accepted

A question regarding patent

The general rule (and I am not a lawyer) is that when you work for a company, the company owns your work product. Thus is you invent something while at work, your company owns the invention. They are ...
  • 9,259
2 votes

A question regarding Inventorship

I am not a lawyer so this is not legal advice. It is possible that someone else at "P-House" invented exactly the same thing as Bob did after Bob left, but is seems unlikely. Bob could ...
  • 9,259
1 vote

Bulk extraction of patent information

'poxoq for patents' is a search and retrieval tool which can be used to easily download publications in PDF format of granted patents, patent applications and utility models from over 90 countries. ...
1 vote

Someone stole my computer program and said he will patent it. How can I check if patent exists?

It sounds like he is pulling a snow job on you. For one thing you can't patent a software program. What you might be able to patent is a specific algorithm as applied to a specific use. In that case, ...
  • 9,259
1 vote

Should a 3D designer be on patent?

Product design, mechanical engineering, and 3D modeling is work for hire and not part of the inventive process unfortunately. Does it add value? Yes. Does it add more value than you charge for your ...
  • 11
1 vote

Who gets credit for providing CAD drawings for a patent?

This is just my opinion: Is my son entitled to royalties in the event that the product becomes successful? - Not unless there was a contract which entitled your son to this. The patent owner holds ...
1 vote

Micro-Entity Filing Status

In both cases, you are suggesting lying about the inventorship. The details of each of your schemes is largely irrelevant in this regard. First, you are the inventor: there is nothing you can do ...
  • 6,103
1 vote

What can I do to someone who stole my idea and patented it?

Technically, it is not legal for someone to patent your invention: "The patent application includes a declaration in which the applicant swears that everything in the application is true. So if you ...
  • 751
1 vote

Having someone else file a patent application to retain micro entity status

You probably shouldn't do this. Even if you filed it in another person's name, you would still be the inventor (who must also satisfy the application filing limit). 37 CFR 1.29(a) requires (emphasis ...
  • 6,103
1 vote

Patent protection: Through Inventor or Company name

Either option is ok, from a legal point of view. However, joint ownership can be quite difficult in practice. Generally any changes (such as assignments or licensing) require the assent of all the ...
  • 6,103
1 vote

Reverse Engineering a communications protocol. Is it legal?

To figure out whether your proposed product would infringe anyone's patents, you would have to review all the relevant patents. A good starting place would be looking at the granted patents assigned ...
1 vote

Is there no circumstance where people can use free and open versions of software patents?

Assuming, post Alice, a few Software and / or Business Process patents are enforceable: 1) The exemptions only cover research / pure educational purposes. So demonstrating a method is permitted, ...
  • 323
1 vote
Accepted

Modifying an existing patented product to create a totally new non obvious product

There are alternatives to patenting. If you are for example intending to use most of the original product, then consider using a registered design, this varies from country to country, but is way ...
  • 189
1 vote

Modifying an existing patented product to create a totally new non obvious product

Patents are there to give the "inventor" an exclusive right to manufacture "products" for a certain period. So if you "buy" an item of a product, you can do what you like with it, the original ...
  • 189
1 vote

Patent of specific financial structure

When aiming for an EP, beware of exclusion from patentability as business method under Art. 52 EPC. Be careful how you word your claim so that you do not end up like these guys, e.g.: https://...
1 vote

Patent of specific financial structure

From my experience in banking and securities, most core intellectual property were copyrighted and/or kept confidential (as proprietary tech) in the form of formulas comprising of derivatives, ...

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