22

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), the patent is effectively toothless. But your competitors will likely not know that. They may therefore be dissuaded from infringing simply by the existence ...


13

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 industry at my company, we basically lack the ability to enforce the patent as well, but the more patents we have that our very large competitors infringe or might ...


5

It's not formaly an affirmative defense under the law. Lawyers throw it in as a cya for some reason. Affirmative defenses generally track the burden of proof. The patent plaintiff has the burden of proof on infringement so the defendant doesn't have to present the "affirmative defense" of noninfringement, but merely has to deny it. The defendant ...


4

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 is in effect. Personally, I don't like obfuscation. If the patent obfuscates too much, it can potentially be rejected or invalidated as not being enabling ...


4

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 put the claimed invention into practice. In the case you describe, you have implied that the reader could perform the steps of the method. It is therefore ...


3

It depends. If they are claiming (in the claims) the results or something related to the results, then maybe. If however they are claiming for example the method and it's described in a way that someone can reproduce it, then probably not. It doesn't matter if the results of that method are bogus if someone skilled in the art could still perform the method....


3

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 period has passed. Following on from Maca's comments about duty of good faith, it may be considered a responsibility of the applicants to bring the publication ...


3

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!


3

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 default judgement is issued by a US court it is not directly enforceable in the UK. The judgement may be a monetary award and/or an injunction preventing ...


3

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 anyone, and you want to make sure that your invention can't be reverse engineered. A classic example of a trade secret is the Coca-Cola formula. You can drink ...


2

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.


2

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 Decision: 9 votes for Octane Fitness, 0 vote(s) against Legal provision: Section 285 of the Patent Act Yes. Justice Sonia Sotomayor delivered the opinion ...


2

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 independent, dependent, or multiple dependent form) shall be presumed valid independently of the validity of other claims; dependent or multiple dependent claims ...


2

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 part of a best mode for A. If you had not yet developed B you could patent A and then develop a trade-secret B that made A more efficient. Since you already ...


2

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 absolutely need to disclose both in your patent application. If however A is quite a reasonable invention by itself, and B is an independent invention (even if it ...


1

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 patent filings in doing so, but it also means that the patent application is never published, and remains secret, until the patent actually issues. Patents take ...


1

I was in the same situation and wrote and submitted utility patent application myself. Unfortunately after "Alice" US supreme court decision virtually any algorithm could be qualified as"abstract idea", which happened in my case. With lawyer's help I rewrote the application to increase the chances and now waiting for a response from the USPTO. I requested ...


1

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 and evaluating each claim limitation. For processes, the claim limitations will define steps or acts to be performed. For products, the claim limitations will ...


1

“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 basics as it deals mostly with litigation's in perspective of pharmaceuticals.


1

They would get granted as they are innovative. If they produced their TVs they would infringe the original patent. In this case, this would probably classify as a "standard essential patent", making licences by the fair reasonable and non discriminating (FRAND) criteria available. The exact explanation of this would go to far, google it and then try to ...


1

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. Most inventions (and hence most patents) are improvement upon others. So it's possible for anyone or any media to question the merit of any patent by its "degree ...


1

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, offering to sell, OR importing into the United States. Jurisdiction is likely Federal which is applied the same in all states. Talk with a patent litigation attorney ...


1

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;” “objectively meritless;” “without substantial merit;” “low likelihood of success;” “unreasonable;” “unreasonably weak;” “a little bit lower than [the Rule 11] standard” ...


1

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 reasonably believe that infringement was legitimate. The chart is generally created by lawyers, but with the assistance of technical experts. I would be ...


1

I think that's the entire point. The plaintiff alleges that the product infringes the patent. But allegation is not proof of fact, whatever the tabloid newspapers wish you to believe. If the product does not in fact infringe the patent, then there is no tort and no damage to rectify, and the defendant must be given a chance to show that. If non-...


1

It's not 100% clear to me from the question which side of the dispute the small developer finds themselves on. If they are the inventor/patentee and a large company is blatantly making tons of money infringing the patent, the small developer might find a law firm to take the case on contingency. Or they might work out a deal with an NPE to buy the patent ...


1

According to Ars Technica, Lodsys has filed a lawsuit claiming that charter.com, lampsplus.com, corbisimages.com and shop.nordstrom.com infringe upon the following two patents: Methods and systems for gathering information from units of a commodity across a network (US7222078) Customer-based product design module (US7620565) Recently, Lodsys has filed ...


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