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)...
- 7,033
12
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 ...
- 129
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 ...
- 1,775
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 ...
- 1,775
6
votes
Accepted
Can the developer of a free software be sued for damages because of an accidental patent infringement?
Yes.
The patent holder may sue for lost profits and/or reasonable royalties. Wikipedia sums it up well:
Under 35 U.S.C. § 284, a patent owner is entitled to "damages adequate to compensate for ...
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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 ...
- 636
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
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
5
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....
- 25.3k
5
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 ...
- 1,299
4
votes
How are algorithm patents enforced?
I think you've hit on a good point for those considering pursuing patents. Before investing large sums of money on patenting, it is important to figure out how you will identify infringement.
Often, ...
- 599
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 ...
- 636
4
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 ...
- 7,033
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 ...
- 9,607
4
votes
Accepted
Will there be any downside if I show my patent claims to my infringer before publication?
The letter from the lawyer is very logical and doesn't at all hint that they believe they are infringing anything. It just says that they can't evaluate your assertion that they are infringing since ...
- 25.3k
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. ...
- 776
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 ...
- 913
3
votes
Why don't companies keep their product implementation as trade secrets instead of patenting?
I certainly cannot speak to why a particular company chooses one form of intellectual property protection over another, but trade secret law has a few limitations. First, a trade secret is protected ...
- 599
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
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. ...
- 636
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 ...
- 776
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
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? ...
- 1,013
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 ...
- 173
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
put on notice of possible infringement for pending application
You cannot take any action until your patent has been granted.
By 'knock-off' do you mean the idea was stolen from you? Did they start manufacturing after your patent 'priority date'?
If you applied ...
- 41
3
votes
Prior art after patent granted
In the United States, anyone can place a written statement in the file of a patent at any time, even after the issuance of the patent, that discloses prior art that may be relevant to the ...
3
votes
To patent a technology on a smart device and a yet to be made apparatus
I'll try a fast claim construction to show you the different ways of using these:
A method comprising the following steps:
A user taps on a surface,
electromagnetic field variations make the cpu ...
- 5,827
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