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 ...
- 28.5k
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 ...
- 6,178
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, ...
- 6,178
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 ...
- 126
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 ...
- 2,274
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 ...
- 63
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#...
- 1,292
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 ...
- 6,178
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 ...
- 10.8k
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 ...
- 326
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 ...
- 28.5k
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 ...
- 10.8k
4
votes
Accepted
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 ...
- 28.5k
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 ...
- 28.5k
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 ...
- 761
3
votes
Can I patent a time machine?
If you look at the Image File Wrapper for application US 2006/0073976 A1, and specifically at the Final Rejection (August 8, 2007) from the Examiner, you will see why it is difficult to obtain such ...
- 1,753
3
votes
Accepted
Is it possible to obtain a patent on a technology I am already selling?
As far as I know, this scenario is not well-settled law in the U.S.
Prior to the changes to patent law introduced by AIA, any patent would almost certainly have been invalid if secret commercial use ...
- 1,031
3
votes
Can I patent something that is already sold in another country?
Absolutely not, unless you are the one who invented it in the first place.
Note that there are various time periods which may limit the patentability if you are the original inventor and offered ...
- 521
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 ...
- 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 ...
- 6,178
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 ...
- 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 ...
- 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 ...
- 10.8k
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 ...
- 10.8k
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. ...
- 271
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