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The most important part of the patent application is at the end. The end includes a list of claims that act as a "fence" that protects their IP. However, keep in mind that you are reading a patent application, not an issued patent. The Applicant is likely to amend the claims during examination and the issued claims in a patent may be different ...
3
No.
One of the basic sections of the patent law is 35 USC 102. It describes some of the requierements for getting a patent, especially novelty. While the law is mostly short and doesn't offer a lot of explanation, there is a manual for patent examination (MPEP). The relevant section is this one.
A claimed invention may be rejected under 35 U.S.C. 102 ...
2
If you came up with something new and non-obvious and useful and claimed it in a way that is not abstract, you could certainly apply for and maybe get an issued patent even though your implementation was created from open source components.
While the open source licenses you operated under might require you to make the source code available, entirely ...
2
You can't file a patent if you aren't the inventor. So you don't have to worry about somebody else who didn't write the software, who sees the software and then tries to file a patent for some algorithm in the software. That would be patent fraud.
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I guess it depends.
I'll answer this on the presumption that your invention is patentable. Note that not everything is, but deciding whether your particular invention is patentable is the job of a patent professional, or at least some more research than falls under the scope of this question. I'm also leaving out anything pertaining to Alice, and ...
2
The document you linked to is a patent application. The subsequent patent is US8676780B2. Claims on patents are often narrower than the associated application. You seem fixated on the title of the patent. Patent titles are often fairly broad and generic. In order to know what this patent legally covers, one must review its claims. Here is the first claim.
...
2
You may also find that filing the algorithm with the copyright office is useful because it makes the content a matter of public record. Copyright isn't going to protect a procedural mechanism because mechanics are the domain of patents, but as a prophylactic, it may be quite effective, and provides iron-clad evidence of the date of the public disclosure.
...
2
The only similar types of documents that come to my mind are lists of standard-essential patents for technologies such as video codecs.
This link leads to a list for the H.264/AVC video codec standard.
https://www.mpegla.com/programs/avc-h-264/patent-list/
This link leads to a list for the H.265/HEVC video codec standard.
https://www.mpegla.com/programs/hevc/...
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As no proof of concept is required, it doesn't matter how you got one. Or if.
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There are a few cases to consider. You have developed an internal combustion engine and a hoist that uses the engine to lift ships from the water. Either or both might or might not be patentable.
The hoist might be novel whether or not that particular engine is used in it. The engine might or might be obvious over previous internal combustion engines.
If the ...
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Or, you could clarify in the patent you are only claiming the GitHub model and not the Git model, even though the Git model is explained.
This.
You have to explain the basics for the derivative to be sufficiently discussed. Explicitly disclaiming them achieves your goal.
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With regards to your second question:
apply for a patent my own work and being more narrow? (narrow the
scope of the technologies used and scope of the invention)
If your invention is a patentable refinement of the previous invention, you may be able to file for a patent. However, even if your patent is granted, if the invention is covered by the claims of ...
1
Statutory invention registrations (SIR) were used by applicants in past for publishing patent applications on which they no longer felt they could get patents. By publishing the patent applications, they helped ensure that the inventions were in the public domain and no one else could subsequently get a patent on them, as a SIR could be applied as prior art ...
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You may patent anything that meets the normal requirements for patent eligibility, including (but not limited to) the invention is novel, non-obvious, useful, and invented by you. If you add something beyond what OpenCV offers that meets that criteria, you can likely patent your innovation.
The more interesting question is whether you are obligated to ...
1
There are a lot of misconceptions about search, so let me explain it a bit. As a practitioner in the field since 1999, having a master degree in this specific area and actually building commercial search engines for a living, I think I know what I'm talking about. I'll tell a bit about search and a bit on patent search in particular.
The main reason I write ...
1
One reason why this question may have gone unanswered for so long is that it is a pretty complicated one. People who favor open source software have been worried about the impact that patents might have on the freedom to use that software. One response has been to modify open source licensing agreements to require automatic patent licensing by people who ...
1
Patents are about structure and function not about snippets of code. If you produce a product that does all of the steps of an enforceable patent then you are infringing. Does your code contain portions of somebody else's code? Patents don't care (copyright does). Does your code, however put together, do all of the steps of a particular claim of a particular ...
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If the software you are creating does not infringe up the claims of the patent, and proves novel / uniqueness or even obviousness, then you should be ok. However, contact a patent attorney first! Software / Method patents have proven the new Gold Rush on American Businesses. Methods / Software patents are dangerous, so watch out!!
Likewise, do a search of ...
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As you said, Bouncy Castle contains many different implementations, some of which may be patented. For example, from personal use, I know Bouncy Castle includes some ECC methods and curves that could be covered by various patents.
However, since BC contains so many implementations, it's a very open-ended (and difficult to answer with certainty) question to ...
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Unlike most answers above which focus on a product patent,there is another type of patent that is called a process patent i.e. you are claiming a set of process steps that meet the requirements for grant of a patent.
All the individual steps can be known steps, like the Open source code that you refer to to. Yet if the whole is structured in an non-obvious ...
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