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 ...
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  • 7,033
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"....
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7 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, ...
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  • 7,033
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 ...
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5 votes
Accepted

Protecting a User Interface: Design Patent and/or Copyright

Design patents protect the "look and feel" of a GUI. You don't have to show copying the way you do with copyright. A design patent is infringed if another GUI would be confused for yours by an ...
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5 votes

Mathematics patented (first post here, very shocked)

The short answer is that patents have many sections but it is only the claims that draw a line between what is old or abstract or only mathematical and what is considered the protectable invention. I ...
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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 ...
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  • 121
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 ...
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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 ...
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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,...
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5 votes
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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 ...
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5 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#...
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5 votes
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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 ...
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  • 7,033
5 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 ...
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  • 9,607
5 votes
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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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  • 1,299
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 ...
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  • 25.3k
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 ...
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4 votes

Patent Troll Alert PCT/US2016/031871

Anyone can try to patent everything he wants to without that beeing fraud. After the application comes the examination where claims like these are just getting rejected. If you want to do something ...
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  • 5,827
4 votes

How important are claims in provisional patents

I think, very. As noted in the other answer, there is (probably) no legal requirement for claims. However, the whole purpose of the provisional filing is to give you a date for the invention. If you ...
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  • 429
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 ...
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  • 7,033
4 votes
Accepted

What concrete lessons should software patent applicants learn from Alice vs CLS Bank?

First I should note that the ratio in Alice, while easy to state, is rather hard to apply. Many words have been shed trying to characterise precisely what Alice-style abstractness really is. But the ...
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  • 7,033
4 votes

JP Morgan patents "basic app communication"

On cursory review, I don't see anything in the claims that is non-abstract, except, potentially, the organization of the functions. The deeper issue relates to a quote from the article: "How was ...
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  • 913
4 votes

Can I broaden the scope of a claim w.r.t. prior art through the use of "other than"?

The term "other than" is, by nature, rather vague. The primary purpose of patents is to teach the world how to implement your "new, useful and non-obvious" contribution to the state of the art. ...
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  • 341
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 ...
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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 ...
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  • 25.3k
4 votes

can I patent a patented invention in other countries before in The US now

If you intend to patent the same thing in US or for that matter in any other country, the answer is a big 'NO'. Because, for a patent to be granted, an invention must be 'novel, non-obvious' and ...
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  • 1,204
4 votes

Can a business idea be patented (in India)?

No, as per Indian patent act, 1970. section 3(k) a mathematical or business methods or a computer program per se or algorithms are not patentable.
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  • 1,299
4 votes

Do you have to make your discovery public for a patent?

For patent do you have to make your discovery public? The answer to your headline question is yes. The central societal trade off in the patent system is you teach us all about your invention and we (...
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  • 25.3k
4 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 ...
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4 votes
Accepted

EPO application-Slight constructal changes on dependent claim

As another answer points out, there is usually back and forth with the examiner to get to allowable claims. You are correct that under EPO rules some specific patent documents filed earlier than your ...
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