21 votes
Accepted

Is it worth patenting an algorithm if I don't have the money to defend against infringements?

This is a great question, with no one right answer. The strength of a patent comes from the ability to enforce it. If the patent owner cannot enforce it for whatever reason (such as a lack of funding)...
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  • 6,103
11 votes

Is it worth patenting an algorithm if I don't have the money to defend against infringements?

My answer is yes, and I agree with Maca. I'll add that your ability to enforce it might change in the future. I'm not implying that your situation is the same as mine, but consider this: In my ...
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  • 119
4 votes

Is there a custom or policy of obfuscating dangerous details in patents?

Originally, there was a requirement that the inventor teach the best mode (that the inventor knows about) in the specification. In recent years, that requirement has been a bit relaxed, but it still ...
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3 votes

Is it worth patenting an algorithm if I don't have the money to defend against infringements?

To my knowledge, depending where you are located, patenting something as abstract as an Algorithm is not even possible (EU). How to tie your laces is an Algorithm. Can you patent it? Hopefully not!
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  • 147
3 votes

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

You haven't said what is actually claimed. But that's what matters. I have assumed that the claims relate to the particular method that you note is described. Enablement requires that the reader can ...
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  • 6,103
3 votes
Accepted

Possible US court sanctions over EU company in software patent infringment case

Although I'm not a lawyer, I have tried to research this in relation to the UK. Other European countries may be different. I'd be interested if anyone knows if any of the following is incorrect. If a ...
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  • 96
3 votes
Accepted

Which is better, to patent or keep secret

There are certainly merits to each. Keeping something a trade secret is great if you can, well, keep it a secret. That means a couple things: you want to make sure you don't tell anyone who will tell ...
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2 votes
Accepted

Where to get patent litigation dockets?

There is PACER, but it's not free. And there is search.rpxcorp.com (used to be free) - patent litigation search. You 'll just need to register an account for that.
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  • 410
2 votes
Accepted

When a patent infringment litigation is considered frivolous?

In the context of patent cases, this recently went to the Supreme Court. The case is Octane Fitness, LLC v. ICON Health & Fitness, Inc. T This summary is from www.oyez.org. Conclusion ...
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  • 25.4k
2 votes

Does Invalidation of Independent claim affect dependent claim?

Claims 2,4,5,7-10 will remain to be valid. 35 U.S. Code § 282 - Presumption of validity; defenses (a) In General.— A patent shall be presumed valid. Each claim of a patent (whether in ...
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  • 2,075
2 votes

Is it possible for patents to have trade secrets?

In the U.S. you need to include the "best mode" embodiment of your invention. You might be able to narrowly claim A such that a disclosure sufficient to enable A, alone, does not need to mention B as ...
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  • 25.4k
2 votes

Is it possible for patents to have trade secrets?

Based on feedback, i'm editing my answer. You are obligated to disclose your invention's best embodiment in the patent application. Thus if A isn't really sufficient without B I'm guessing you ...
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  • 9,074
2 votes
Accepted

Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?

If the application is still pending, you may even attempt filing third-party submission (if still possible), and state that the publication is relevant to 101/utility. However, it sounds like this ...
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1 vote

How would you find someone with expertise on selling to Patent Assertion Entities?

You don’t need to share with a lawyer any posible profit from suing , you can pay an Intellectual property insurance and it will cover the process (depending on the total insured) Note: it will ...
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  • 192
1 vote

Is it possible for patents to have trade secrets?

It is possible to file a patent application AND retain the ability to treat it as a trade secret. When you file, you need to file a non-publication request. There are downsides in terms of foreign ...
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  • 653
1 vote

Claim Interpretation 35 USC 112

My answer is a no as per MPEP the claims even MPF must also satisfy the requirement of disclosure i.e., 112(a). MPEP 2103.I.C which states "Examiners should begin claim analysis by identifying ...
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  • 1,211
1 vote

Materials for learning about patent litigation and valuation?

“Understanding Global patent litigations through landmark judgements – A litigation ready reckoner” by Dr. Alpesh Pathak is only book i am aware of my be this would be helpful for understanding the ...
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  • 1,211
1 vote

Is it worth patenting an algorithm if I don't have the money to defend against infringements?

An algorithm is not patent eligible subject matter. Even if coupled with a generic computer which does nothing, but carry out the algorithm since the Alice-decision of 2014 by the SCOTUS. Software may ...
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1 vote

Is it worth patenting an algorithm if I don't have the money to defend against infringements?

Let's say you created a patent, and big company A infringes it. Damn you, big company A. Cease and desist. Big company A laughs at you and says fuck you, you're tiny, we can do whatever we want. ...
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  • 251
1 vote

How is the truth established in court for cases involving truly high-tech patents?

Your question is too broad to be answered sufficiently. Please break down the question to specific issues that can be answered. The first sentence of your question needs to be approached carefully. ...
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  • 576
1 vote
Accepted

Is there a patent litigation damages threshold for a legal case to be accepted?

No. There is no threshold. For example, a patent case can even be accepted if requested damages are $0, but the plaintiff simply requests that the alleged infringer stops making, using, sell, ...
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1 vote
Accepted

Patent infringement litigation - bad faith

Before Octane the standard was “objectively baseless”. Looking portions of the transcript of the case there was an attempt to find words to use to draw a line. Octane proposed: “meritless;” “...
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  • 25.4k
1 vote

When a patent infringment litigation is considered frivolous?

There is no bright line. Effectively, you would have to convince a judge & jury that the contentions were on-their-face frivolous, that no one who took a look at the claims & product could ...
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  • 201

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