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4 votes

Is it true that a significant percentage of patents do not hold up when challenged?

In that quote, there is a kernel of truth, with a candy-coating of editorializing. The facts If you look at the February 2018 USPTO statistics for the PTAB as an example, the final page shows some ...
Maca's user avatar
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4 votes
Accepted

Is it true that a significant percentage of patents do not hold up when challenged?

The term "in circulation" is a little confusing. Does he mean "patents that are being circulated among potential buyers"? If so, that may well be the case. Prior to Alice and the America Invents ...
Gary S's user avatar
  • 653
3 votes

Invalidating a claim which contains a step to charge a user but missing the step that enables the user to consent to be charged

Could this claim be argued to be invalid on the account that any payment system that charges a custom must disclose the fee amount, or how it is computed, and would have the customer consent to it? ...
bhuff36's user avatar
  • 675
2 votes

Are patents WO2015191648A1 and US20190365145A1 valid? Another older patent covers claims 1 - 4. What to do in such a case?

First thing to point out, neither WO2015191648A1 nor US20190365145A1 are patents. Both are applications. Applications get reviewed by patent offices and only if they are deemed sufficiently new and ...
Eric S's user avatar
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2 votes

Tinder vs Bumble swipe matching process and "Alice decision"

I actually have a few “software” patents. An algorithm by itself is considered abstract. However an algorithm applied to a specific application may not be. I’m my case, I devised a mathematical ...
Eric S's user avatar
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1 vote

Invalidate a Patent

Prior art only needs to be dated one day before the priority date, so things dated in the previous month clearly qualify by date. If the potential prior art is a patent application or patent that was ...
George White's user avatar
  • 29.3k
1 vote

Tinder vs Bumble swipe matching process and "Alice decision"

Every piece of software is just an abstract idea [...]? Not quite, from MPEP 2106: Because abstract ideas, laws of nature, and natural phenomenon "are the basic tools of scientific and ...
bhuff36's user avatar
  • 675
1 vote

Can inequitable conduct lead to patent invalidation before litigation?

No The way some of or all claims can be invalidated outside of a patent infringement case in a real (Article 3) court is via an IPR before the USPTO. The grounds in an IPR are limited to the issues ...
George White's user avatar
  • 29.3k
1 vote

Validity / Invalidity of patent : How to approach from the beginning to end

The first step would be to sue the patent holder. Once the patent has been granted, it's a matter for the courts. I don't have any examples of defensive suits launched prior to release of an ...
DukeZhou's user avatar
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1 vote

CHEATING WITH LANCE AMSTRONG

Using a device under particular circumstances might be unethical. I think it would be huge stretch to consider inventing and patenting a specific mechanism for an electric bike to be unethical. In ...
George White's user avatar
  • 29.3k

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