Questions tagged [patent-infringement]

For questions involving the creation, use, sale, import or export of patented items without permission from the patent holder or any person legally entitled to grant a license. Also for questions regarding the legal implications for the patent holder or the infringer. If you are beeing sued or put on notice for patent infringement please note that this can cost A LOT of money, you should consult a patent attorney.

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2answers
43 views

What if someone files a fraudulent patent?

A person files patent after they have disclosed info to public, and sold the item. But lie to patent attorneys. Also let previous patent pending on same invention expire. Can they be turned in for ...
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1answer
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How can I protect a product idea before seeking help with research and development?

It’s quite natural that inventors have doubt that if I give idea to someone what will happen to my idea?
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1answer
27 views

Can a patented idea be implemented in a different experimental set up without buying the patent?

This is my first post in 'Ask Patent', so pardon me if the question turned out to be very stupid. I am a PhD student working in nuclear medicine. Recently I had started working on a project. But soon ...
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1answer
39 views

Legal effect of Tesla pledge “All Our Patent Are Belong To You”

In 2014 Tesla issued an announcement "All Our Patent Are Belong To You". A question was posted recently on law.stackexchage.com regarding this. My question, that may or may not be on-topic here, is ...
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1answer
31 views

If I buy property where patented fruit is already growing, can I sell the fruit?

I am looking at purchasing a house, that has a grove of trees that are patented, growing on the property. Am I able to sell the fruit since I will own the property on which it is growing? Also, it ...
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36 views

How patents are avoided to be reinvented and how we can understand them comprehensively?

I have read tech patents available on Google. I wonder how patents can be avoided to be reinvented or understood so neatly and specifically given a patent file is usually tens of pages written very ...
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1answer
22 views

Can a really broad claim like 'the top is made of plastic' cause an infringement?

I came up with an idea for which a device has already been patented which has some of these really broad claims. My design would be very different from the design in the patent, but at the end they ...
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1answer
36 views

Stolen Patent and product

I applied for a patent on a product/tool that I created and was actually using in the construction industry. One of my employees decided to quit and take the file and took and disappear. I recently ...
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2answers
46 views

Inconsistency between patent title and claims, US9459044B1

So this patent US9459044B1, the title suggests it is about both method and apparatus, and I see there are much content on the drawings and description of the device. However in the claim section, I ...
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Does Apple have patents on basic UIKit classes?

When it comes to UIs, many different UI toolkits exist such as Qt, GTK, Motif, and UIKit. So I would be surprised if it turned out that common features of UIKit which appear on many platforms as well ...
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patent situation

Almost a year ago I worked at a small tech startup. While there I participated in the development of a way to extract data from OSI headers for networking applications in FPGAs. I have since left ...
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Continuation Patent

When a continuation patent is approved, will the parent patent still hold the rights to sue others if a product infringe the parent application and not the continuation patent
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Do I have to disclose the infringement in the Information Disclosure Statement form?

Let's say, I filed my Provisional in Jan 2019. I disclosed my work to the public in Mar 2019. An infringer copied my disclosed work and released a product in Jun 2019. I'll file a non-provisional ...
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57 views

Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

A week back, I got a very good answer regarding PCT provisional protection. I have a related question. Is it necessary for a national application to claim priority to the PCT application to get the ...
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133 views

What can we do if a manufacturer in China copy our US patented product and sell them directly to US end user through E commerce

What can we do if a manufacturer in China copied our US patented product and constantly sell their copies to US buyers through international E commerce platform? This Chinese company does not have a ...
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2answers
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Is this patent US only?

I'm unclear on what does patent US D781711S claim & specifically in which region. I've talked with some mates that have studied patent law & they seem as puzzled as me. Anyone care to help? ✌️
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What are the patents that UCSB have on LED filaments?

I've seen several news articles saying that University of California Santa Barbara is suing five retailers for making "vintage edison LED bulbs" using patented LED filament technology without a ...
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1answer
31 views

Can someone patent their product with a solution I designed?

I was presented with a possible invention the way the person presented the product there were many problems. I went away and came up with a design that would work for his requirement. At no time did ...
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1answer
92 views

Will there be any downside if I show my patent claims to my infringer before publication?

I already published my paper. [After filing provisional application] A big company seems like copied my work from my paper and they are about to release their product in few months. The reason I ...
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3answers
67 views

Does an intermediate step considered as patent infringement?

An existing patent uses step A, B, C in the independent claim. My invention inserts a non-obvious step X before step C. So my invention looks like this. A, B, X, C Can the existing patent owner sue ...
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1answer
56 views

Is it permissable to manufacture a replacment part that fits in a patented product?

I wish to produce a replacement control board which is designed to fit directly in to a patented handheld machine control pendant. The new circuit board will replace a membrane switch control board ...
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1answer
35 views

MPEP and Case Laws

How patent Examiners either memorize or manage themselves while citing all the relevant case laws and sections of MPEP during issuance of an Office Action?
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1answer
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Under “first to file” law, doesn't that mean someone can patent-troll any currently existing product?

If "first to file" is the only thing that matters, then it doesn't matter even if the product already exists. Say a patent troll picks a popular product already in use by millions of people. They see ...
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4answers
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How to know if someone infringes your patent?

I want to patent a methodology for computing an important value, which is often reported by companies. My methodology gives a much better estimate of this value. The patent application attornies asked ...
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2answers
68 views

Can a company sue for patent infringement if they aren't actively using the patent?

I am currently looking into launching a product, and did some patent research. There is a patent for an idea similar to mine (enough for my idea to infringe some of the claims), but the company doesn'...
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0answers
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Commercial product using GANs

I am thinking of creating a commercial product using GAN neural networks. How can I find out if the work done so far by others on which I will build upon is not patent protected. I would not want to ...
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1answer
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Patent Claim Drafting

why in US a preemptive claim is patent ineligible and why the absence of complete preemption also does not demonstrate that a claim is eligible.
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1answer
56 views

Multi dependent claims (Uses and Advantages)

What is the significance of multi dependent claims in infringement analysis? What are the advantages in claiming multi dependent claims over normal claims?
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1answer
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How to counter a pending application

Following a question that appeared here before, What are the ways to fight\counter a pending application? I know you can file a third party preissuance, but what if it is past the date of eligible ...
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2answers
38 views

Same usecase, different method - is this infringement?

So we are a cash strapped startup with almost zero budget for a proper FTO. We have done a patent landscape analysis in order to get an idea of similar patents. To date, we can't find any similar ...
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1answer
44 views

EPO Continuation Application

Similar to CON and CIP application in US, is it allowed to file a continuation application with new subject matter in EPO ?
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1answer
45 views

Third party preissuance for a rejected application

I have come across a patent that was granted 9 months + 10 days ago, the patent is very obvious but it was somewhat restricted in its implementation. I have now seen that the inventor filed another ...
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1answer
63 views

infringing on a patented “tangible” algorithm?

I have 2 questions regarding algorithm "tangibility". Let me give an example. Suppose I had this great algorithm for music processing, and at the heart of the algorithm is this special set of ...
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1answer
44 views

Claim Interpretation 35 USC 112

Is it possible to use Claim interpretation under 112 sixth paragraph (35 USC 112 (f)) only for patent invalidation without using 112 second paragraph (35 USC 112 (b))?
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2answers
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[In]Validity of Patents

Does every patent invalidity search is conducted to overcome the threat of infringement suits imposed by their competitors? Can parties invalidate patents of their competitors without showing concerns ...
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1answer
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where can i fetch the PDF for the reference AU2018900444A0

Since the reference AU2018900444A0 is published and assigned to Resmed, where can i fetch the PDF for the said reference. Your help will be appreciated.
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1answer
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Adding onto an existing Patent

So, I came up with an idea, and after some research, I've identified someone doing it already and they own a patent. My idea has some variances, but they are similar. I'd like to avoid disclosing ...
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2answers
30 views

“Importing” into Patent-Issuing Country

I have a patent for a controllable-pitch propeller. I have filed successfully in the US and the patent should issue shortly. For various reasons, I did not file in foreign countries. My question is,...
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1answer
38 views

US App Developer Patent Troll Avoidance Checklist — Publishing as individual vs as Company

I am working on a checklist (or list or strategies to consider) for new individual developers residing in the US who are about to release their first app, but are worried about patent trolls. Whether ...
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1answer
32 views

US App Developer Patent Troll Avoidance Checklist — To Release In The USA or not?

If a US-based software developer distributes their application worldwide everywhere except the US, is the developer immune from infringement suites from patent trolls in the US? Does this affect ...
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1answer
21 views

Can the same patent be extended to a new country without one of the original co-author

Back in 2017 I signed a patent contract with the company in which I used to work as one of the co-authors of an invention that was going to be patented in Europe. In this contract I was forced (...
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1answer
37 views

Waiting for my application to be processed

I have applied for a provisional patent on USPTO website. The USPTO people told me that it will take between 4-6 weeks untill they process my application, and in a meanwhile I cannot disclosure my ...
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3answers
78 views

Can I sell a product online (based out of Canada), if there is a patent on this same product in US?

I was in the process of starting an online business then found a company already selling this same product in US. On their website it says they have a patent pending on it. How would this affect my ...
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2answers
35 views

Can industrial processes described in patents be replicated in Not-for-profit organisations without a license?

I wonder if the processes described in patents can be replicated in not-for-profit organisation, that is, organisations that by statutory contract do not aim to commercialise a "copied" version of ...
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2answers
56 views

Invention Protection for a Device With Two Different Mechanisms

If there is a device -I know that it have never been existed before- that can be implemented by two different mechanisms, lets say one rotary and the other is a linear movement mechanism. And they are ...
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2answers
93 views

how to judge if anyone infringes my invention?

My invention has A, B, C and D components and they are connected with each other with that order. Somebody claims to have a new invention with an addition component Z with my invention: Case 1: If ...
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2answers
71 views

Where is the line between hardware and software?

Lets say that someone creates an mobile app (Android/IOS) that is identical in function to a TI-85 calculator... in fact it is a perfect representation of it and identical in function and appearance ...
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2answers
60 views

Can a patent be granted if the idea infringes?

I understand that patents are a "negative right," but... Is it a reasonable assumption that patents aren't granted if they infringe on prior patents? Is there any precedent where a product (that is ...
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1answer
32 views

Does disclosure of an invention forever bar anyone (except you) from patenting it?

If someone discloses/markets a genuinely new (patentable) idea without patenting it (allows 12-months to go by without filing a provisional), does that mean that noone else will ever be able to patent ...
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1answer
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Have patent trolls ever gone after an individual?

When publishing mobile apps, both on Android and IOS, one has the choice of registering as an individual, or as a company -- presumably an LLC. Is it legal to assert a patent against an individual ...

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