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)...
- 6,168
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 ...
- 119
7
votes
Accepted
What is the role of dependent claims?
When filing a patent, the goal of the Independent Claim(s) is to define the invention as broadly as possible. Your goal is to obtain Freedom to Operate, with enough "white space" around your Preferred ...
- 1,743
6
votes
How to build software if you're unaware of which parts can contain potential patent infringements
What you are looking for is Freedom-to-Operate. There are quite a few articles written on this subject, and most of them deal with the inherent difficulty you describe. I've stitched together some ...
- 1,743
5
votes
Is a Website Able to Prove Patent Invalid?
You can't enforce a patent application. You can simply respond politely inviting him to bug off, or more usefully to let you know if a patent ever issues.
You can't file a patent application after ...
- 201
5
votes
I file for a patent in Canada and US. if someone files a patent in China before me, can I still 'publish' idea in China?
Regarding the first question - will I be able to do anything about it since I filed for a patent in US and Canada first?
There is always scope for invalidating the patent granted in China. In order to ...
- 646
5
votes
How to build software if you're unaware of which parts can contain potential patent infringements
I concur with vallismortis's answer, but here are my views since I am a software / firmware developer too. What I have learnt over the years is not to go out looking for in your words "possible patent ...
- 324
4
votes
A patent with both apparatus (i.e. system) and method?
It is a good practice to include multiple independent claims of varying type (system, method, means etc) in a patent application. One should not restrict the invention by claiming it in only one form. ...
- 646
4
votes
International Patent and it's legal power?
Patents are jurisdiction specific. Hence any patent filed in the U.S will protect your invention only in the U.S. Different countries follow their respective law set forth to be taken into ...
- 646
4
votes
I would like to have contact information for the inventor
If I understand your question, you had an invention and showed it to two different patent attorneys who each offered to patent it and take it to market and give you 15% percent or more of the profits....
- 27.1k
4
votes
Accepted
How do entrepreneurs determine if their idea is not infringing any patents
The typical approach is to perform a "freedom-to-operate" analysis. You can take a crack at this yourself using patent searching tools like Google Patents or my preference The Lens. Patent searching ...
- 9,479
4
votes
Accepted
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 ...
- 1,211
3
votes
Accepted
How long would a software developer reasonably have to modify patent-infringing software once a claim is made?
The software development company may consider the following options in the same order mentioned below:
Patent infringement analysis
Invalidation
Product re-engineering
Patent infringement analysis:...
- 456
3
votes
Patent about internet tech, does territory count?
Consider an example, a patented software invention in the United States covering a “improving the financial transaction” method and system. A competitor enables users in the United States to download ...
- 456
3
votes
Who has rights to the patent?
In India, form 5 (declaration as to inventorship) has to be filed by the applicant(s) stating that they are the true and first inventor(s). Additional inventor(s) whose name is not mentioned in the ...
- 756
3
votes
Similar design of my invention
The claims section of a patent document describes in detail, the scope of protection granted to a patent.
A claim is said to be infringed if all the elements of the claim exists in your product. ...
- 756
3
votes
How the idea or solution should be protected before having a patent for it
First i want to answer your question related to publishing as a technical paper before applying for a patent.
In USPTO, prior art exception are made by the US Patent Law under the AIA 35 U.S.C. 102(b)(...
- 456
3
votes
Can game mechanics be patented?
This article is worth looking at.
"The PTAB found that (i) the claimed method is directed to a set of rules for conducting a wagering game, which is a patent-ineligible abstract idea, and (ii) the ...
- 761
3
votes
Can I build a patented item (US 7,877,268) for personal use?
I would like to make this item [...]. Is this legal?
No. Even for personal use, it would be patent infringement.
Are you sure, however, that your implementation would be doing everything in Claim 1? ...
- 1,021
3
votes
How to build software if you're unaware of which parts can contain potential patent infringements
As starter, you can not avoid the risk of infringing a patent without checking any "innovation" potential. You might go over some "old" patents to find what is available. You might also look at some ...
- 171
3
votes
Accepted
Why to reveal (software) methods through a patent?
If you have the money to enforce it, a patent allows you to block other people from making, using, or selling your invention without getting a license from you. Revealing your invention is a ...
- 491
3
votes
If you improve on a design do you still need to ask permission/pay royalties?
A patent grants you a negative right. That is, it gives you the ability to stop other people from doing something, not to do it yourself.
There are a few times when that's relevant, like if you ...
- 1,129
3
votes
To patent a technology on a smart device and a yet to be made apparatus
Perhaps it would be clearer by going back to first principles for patents.
The purpose of a claim is to set out certain things that others cannot do. Once a patent is granted, nobody else can do ...
- 6,168
3
votes
What is the effect of a US patent in Brazil?
You have referred to a US patent (and application). This is only effective in the US, and therefore could not apply in other countries.
In addition, by searching for the inventor's name at INPI, it ...
- 6,168
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!
- 147
3
votes
Accepted
Does non-enabled use constitute infringement?
You are conflating two different questions.
A person infringes a claim if they perform all the steps of it. It generally doesn't matter whether the original inventors foresaw the particular details ...
- 6,168
3
votes
How can I tell if my product would infringe on a previous design patent?
USD483982 is a design patent. Design patents cover the ornamental design of functional objects. Basically the shape of the object. For design patents granted before May 13, 2015, the term of the ...
- 9,479
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