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6 votes
Accepted

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

Do you have to amend claims lacking novelty or an inventive step

Since you mention Articles 33(2) and (3) PCT, I assume that you requested International Preliminary Examination, and that the Examiner who drafted the International Preliminary Examination Report (...
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5 votes

How to check the novelty in a patent?

We were trained to start by reading claims, but claims are often hard to decipher. So, here's a few tips that may help you. 1 and 2 are the easiest, while 5 is probably the most authoritative. Look ...
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  • 111
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#...
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4 votes

Can a prior publication by the inventors themselves defeat novelty?

Generally speaking, it does not matter who the authors of a prior art document are. If a prior publication was made by the inventors applying for a patent themselves, it is generally just as novelty-...
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4 votes
Accepted

What is the line between obvious and novel?

Novelty just means a method is new/original, and has not been disclosed (with certain caveats, dependent on region.) Novelty is distinct from obviousness. Novelty is defined in the US as follows: ...
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4 votes
Accepted

Why novelty of the idea is required when non-obviousness apparently already covers the requirement?

Novelty was long the key to patentability until cases kept coming up that were novel but considered not a substantial leap forward. Courts said it isn't really new if it could have been thought of by ...
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3 votes

How does this particular patent satisfy the tests of obviousness and novelty?

Many if not most patents are improvements on existing technology. While US5005266 patents a particular method of self-locking carabiner, it by no means patents the general idea of self-locking ...
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  • 8,944
3 votes

Filing a second patent after a first one

For improvement over a patent pending product or process, you may go ahead with filing Continuation-In-Part Application (CIP, under the US patent system) during the pendency (before issuance or ...
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3 votes
Accepted

Novelty requirements for dependent claims

If A is unknown, then a B that is A plus a regular thing "delta" is inherently unknown. So, a claim that says, "the thing of claim 1 where the bottom is red" is inherently novel if claim 1 is novel ...
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2 votes
Accepted

Are other parties free to innovate on my invention?

If they use your patented invention, they need to obtain a license from you. If you want to use their improvement, you would need to obtain a license from them.
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2 votes

Is novelty in every dependent claim a necessity?

First, a small note about terminology: the word "limitation" is almost a synonym for "feature." To answer the questions, I'll come up with a simple example. Let's say your invention is a chair that ...
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  • 227
2 votes

To determine the novelty of the idea

As some other answers have suggested, there are two major requirements that are relevant to your question. The two requiresments are: novelty and nonobviousness. (Nonobviousness is a U.S. term; in ...
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  • 227
2 votes

What is the line between obvious and novel?

DonQuiKong's answer is a good one and should be accepted. As an inventor, I thought I might share a few other insights. Obviousness really is vague and subjective. It is thrown out by examiners almost ...
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2 votes

publish date vs priority date in pct countries for novelty purposes

In every country, prior art must be published (that is, available to the public). An expired provisional patent application which has not been used for priority is not available to the public: that is,...
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  • 6,103
2 votes
Accepted

Why is an Ex Parte 102(g) Rejection necessary? If an invention has been reduced to practice wouldn't the patent be preclude by 102(a)?

Pre-AIA, when it was "first to invent", there needed to be a scheme to figure out who won that contest. It was essentially, first to conceive as long as the first conceiver proceeded diligently from ...
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  • 25.3k
2 votes
Accepted

When exactly your own disclosures will be used as prior art against you?

There are no continuations in part at the EPO. At the EPO you only have patent applications, and divisionals of patent applications. Divisionals have the same disclosure of the parent application or a ...
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2 votes

How is obviousness assessed?

In Europe the problem-and-solution approach is used most of the times because it is said to be an objective assessment of inventive step/non-obviousness. Below I reproduce some points about it. The ...
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2 votes

How is obviousness assessed?

It is not a clear science but fortunately an examiner can't just say "seems obvious to me" In the U.S., first the examiner must find a base reference with an embodiment that has some of the ...
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2 votes

Meeting and novelty

I am not a lawyer so this might not be right, but it is my best guess. In Case A, I'm assuming the meeting was internal to the two companies and no-one in the meeting then publicly disclosed the ...
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  • 8,944
2 votes

Why novelty of the idea is required when non-obviousness apparently already covers the requirement?

I do not see anything wrong with your understanding, but I would describe novelty and inventiveness in a way, that it can be acted upon, for example in an examination. Novelty: A subject-matter of an ...
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  • 327
2 votes

Under what circumstances can A+B be patented if A and B are already patented?

It is patentable if it meets the requirement of non-obviousness or inventive step, depending on how you call it. If it is obvious to combine A and B to solve the problem, then it is not patentable.
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1 vote

Does a patent on an invention which does not work (but granted as if it does) count as invalidating prior art?

Using a better example. Postulate that Alice's invention would never work because it assumes something that is untrue. It is a device that moves you directly from any arbitrary stage of sleep to ...
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1 vote

Does a patent on an invention which does not work (but granted as if it does) count as invalidating prior art?

I think your example is contrived. The way you explain it, Alice's invention actually would function given a working power source. No one, in my experience would patent such a device with claims ...
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1 vote

Is the balancing patent for wheelchairs from DEKA righteous?

If by righteous you mean valid, one answer is that EP1512055B1 is a granted patent and thus legally enforceable. I looked on Espacenet and the European Patent Register for cited documents and the ...
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