8 votes
Accepted

How important are claims in provisional patents

There is no requirement for claims Provisional applications are not examined, and therefore have no formality requirements. As long as they are validly filed, it doesn't matter precisely what format ...
  • 6,103
7 votes

Can I patent a mobile application or protect the idea

Mobile application or software or the computer program can be protected by copyright law and patent law. Under copyright law, software or the computer program is usually regarded as a "literary work"....
6 votes
Accepted

Can someone patent my invention before me?

In the United States, the system currently works on a first-to-file basis. It used to be first to invent, but that was hard to prove and maintain. Because of that, you'll probably be out of luck if ...
6 votes
Accepted

Repatenting someone else's dropped provisionals

The answer to this turns on 35 USC § 102(a), which reads: A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, ...
  • 6,103
5 votes

How to check the novelty in a patent?

We were trained to start by reading claims, but claims are often hard to decipher. So, here's a few tips that may help you. 1 and 2 are the easiest, while 5 is probably the most authoritative. Look ...
  • 111
5 votes

Can an examiner determine an invention is useful, even if they cannot determine whether it really works?

An invention, as long as it is capable of being made or used in an industry, or, in other words has/satisfies “utility”, is considered useful, irrespective of whether the results delivered by it is ...
5 votes

Can an examiner determine an invention is useful, even if they cannot determine whether it really works?

The US patent statute requires that an invention be "useful." 35 U.S.C. 101. Under the law, an inveention's utility must be "specific, substantial, and credible" and an invention lacking utility ...
5 votes
Accepted

Can I patent a mobile application or protect the idea

You have provided very little information about what you your app is doing. But based on what you have provided, I believe it is unlikely that you could receive patent protection. Generally speaking,...
5 votes
Accepted

Good patent books for startups and inventors?

The standard patent book for startups and entrepreneurs is Patents Demystified. I used this book while getting my own patents and it’s become required reading for any start-ups that I coach or invest ...
5 votes

In practice, which patent rejection reason is the hardest to address and overcome?

From my personal experience it is both 101, when the invention is a computer-implemented invention, and 103 rejections. The 101 rejections are a nightmare for me because with them it is alleged that ...
4 votes

Can an examiner determine an invention is useful, even if they cannot determine whether it really works?

It doesn't need to work optimally or even well. The "useful" criteria is used to reject perpetual motion machines and things that claim to cure all sicknesses. In medicine and biology they do want ...
  • 26.2k
4 votes

Can I patent a product that has already failed?

When filing an application, you must complete a declaration, which states: . . . I believe that I am the original inventor or an original joint inventor of a claimed invention in the application. I ...
4 votes

Repatenting someone else's dropped provisionals

Why does it puzzle you? If it is not available to the public, it is not prior art. I think relevant US provision is here (MPEP 901.02) https://www.uspto.gov/web/offices/pac/mpep/s901.html#...
4 votes
Accepted

Two aspects of the same invention and one aspect is not unique

So here we have a tidy distinction between description and claims. Description You must provide a description sufficiently detailed that the skilled person, reading your description, would understand ...
  • 6,103
4 votes

Understanding how patents work

In order to obtain a patent, your invention must demonstrate novelty, usefulness, and non-obviousness. Novelty means the invention is new and not known to the public. Useful means there must be some ...
  • 9,259
4 votes

What's obvious when there really is no good prior art?

A similar Rovi/Tivo lawsuit against Netflix concluded with all patents ruled invalid under 101 (non-patentable subject matter). This decision was rendered based on an investigation of the patents ...
4 votes

Is coding knowledge required to file a patent for an app?

"Do not know how to make it" is a fatal statement in a patent application. You need to explain how to make and use the invention. However, patents involving software or other methods generally have ...
  • 26.2k
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
4 votes
Accepted

Can ML applied on an existing idea be patented?

I am not a lawyer but here is my take. If someone has a patent with a claim covering steps A, B and C and you file a patent application for using steps A, B and C plus machine learning (ML), you might ...
  • 9,259
4 votes
Accepted

Why novelty of the idea is required when non-obviousness apparently already covers the requirement?

Novelty was long the key to patentability until cases kept coming up that were novel but considered not a substantial leap forward. Courts said it isn't really new if it could have been thought of by ...
  • 26.2k
3 votes
Accepted

Does US 2006/0073976 A1 really describe how to build a time machine?

Anyone can file an application for a patent with whatever material they wish. No actual patent has been granted in this case (it was rejected in 2007 and abandoned in 2008). FYI, any publication ...
  • 549
3 votes

How quickly a patent can be granted from uspto with the help of lawyers etc if I am from India?

Firstly, Form 25 (Request for permission for making patent application outside India) has to be filed by the resident of India in the Indian Patent Office before filing the patent application in other ...
  • 756
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 ...
  • 751
3 votes

Granting of patent

As George has mentioned, novelty aspect of the invention will be examined first before examining the inventive step of the invention. The proposed invention will be announced as novel, if it has not ...
  • 756
3 votes

Should I use patents or copyright law to protect my ideas?

Software or computer program can be protected by copyright law and patent law. Under copyright law, software or the computer program is usually regarded as a "literary work". The unique ...
3 votes

Should I use patents or copyright law to protect my ideas?

Copyright covers original expression. If you wrote your own original computer program, whether open source or not, it is a copyrighted work, similar to a painting, novel or music recording. Copyright ...
  • 166
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)(...
3 votes

Referencing your own provisional application in your real application

It is okay to have more ingredients in the provisional application and drop few ingredients from the complete application. There are no hard and fast rules which state that what appears in the ...
3 votes

Can I patent a mobile application or protect the idea

There is not a simple answer to this question. Have you already shipped the app? In the US, you only have one year to file a patent application after the invention has been on sale. As a result, ...

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