10 votes
Accepted

How basic can a patent be? (Hypothetical example: conductor's baton)

For a device or article of manufacture claim the trick would be to write a claim that did not cover something that existed. If I invented a back scratcher that was structured like a tiny rake and ...
George White's user avatar
  • 28.8k
8 votes
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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 ...
Maca's user avatar
  • 6,178
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, ...
Maca's user avatar
  • 6,178
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 ...
B. Johnson's user avatar
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 ...
the Europeist's user avatar
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#...
chempatent1981's user avatar
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 ...
Maca's user avatar
  • 6,178
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 ...
Eric S's user avatar
  • 11.1k
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 ...
user1400786's user avatar
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 ...
George White's user avatar
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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 ...
Eric S's user avatar
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4 votes
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What will happen when a patented prior art is found after the patent is granted?

No the USPTO will have no responsibility for missing a particular prior art document. In a comment the OP clarified that PA resulted in a patent. That was not stated in the original question. In that ...
George White's user avatar
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4 votes
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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 ...
George White's user avatar
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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 ...
DukeZhou's user avatar
  • 761
3 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 ...
tilnow's user avatar
  • 309
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 ...
Maca's user avatar
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3 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 ...
Maca's user avatar
  • 6,178
3 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 ...
DukeZhou's user avatar
  • 761
3 votes
Accepted

If i explain my idea to raise fund will that void my patentability?

You need to keep the patentable idea secret until you file an application. In the US you have one year from disclosure to file an application, but in reality if someone who seems your presentation ...
Eric S's user avatar
  • 11.1k
3 votes

Why is ease or difficulty of implementation, in general, NOT relevant to patentablity?

Why is ease or difficulty of implementation, in general, NOT relevant to patentablity? I think what Maca was getting at in his comment on the original linked question is that the fact that an ...
Eric S's user avatar
  • 11.1k
3 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. ...
Upnorth's user avatar
  • 271
3 votes

Can a pharmaceutical firm patent a cure I disclosed to them publicly?

If they are ideas and not actual data, they are most likely not patentable. You cannot patent a theory, you can patent an actual method, a technical process, etc. Even if this fact is disregarded, if ...
chempatent1981's user avatar
3 votes

Product similiar to Abandened Patent

Yes, as long as the new invention is novel and not obvious from whatever came before you file. Assuming your first application was published, or you otherwise triggered it to be in the public, that ...
George White's user avatar
  • 28.8k
3 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 ...
RishiM's user avatar
  • 1,191

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