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 ...
- 28.6k
2
votes
Accepted
Patentability of an algorithm applied to new device
The question is whether the new application of an existing technology would be obvious to someone skilled in the field. For the example cited, I would tend to believe the application of an existing ...
- 10.9k
2
votes
Accepted
why couldn't twitter patent the hashtag?
According to this article, Twitter didn't invent the hashtag. Of course this doesn't mean the article is authoritative, but this article and this Wikipedia entry suggest that the hashtag was first ...
- 10.9k
2
votes
Accepted
can a bucket full of rocks ever be patented?
You can not patent just a bucket full of rocks. People have been using buckets to transport rocks for centuries. There is plenty of prior art and it is obvious to anyone who wants to move rocks that ...
- 10.9k
2
votes
Can one claim of the patent have greater impact (legally/commercially) than the whole patent?
If the question is “can one aspect of a patent become more important than the rest of the patent including what the patent, nominally, seems to be focused on”, then yes.
In the example you generate, a ...
- 28.6k
2
votes
Accepted
Can one claim of the patent have greater impact (legally/commercially) than the whole patent?
A patent covers the entirety of its claims. No one claim can be more important than the whole patent. Each separate independent claim stands by itself. It is certainly possible for a claim other than ...
- 10.9k
1
vote
Can patent technology be accesed by someone with teck knowledge?
To answer one clear aspect of the question - an inventor can have others help with developing their invention. If the other people make a conceptual contribution to something that ends up being ...
- 28.6k
1
vote
Patentability of an algorithm applied to new device
A patentable innovation might come from details of how you do it, rather than the same external behavior on a new device.
Assuming the phone (watch?) had significantly less resources than the laptop, ...
- 28.6k
1
vote
Can a new chemical substance without known application be patented?
There is indeed a requirement in the EPC that the invention be susceptible of industrial application, see Article 57:
An invention shall be considered as susceptible of industrial application if it ...
- 156
1
vote
Accepted
How does plagiarism in a patent description affect its validity or patentability?
No “plagiarism” is not a grounds for questioning patent validity.
Patent documents often use the same or similar language, especially from common inventors. There are many patent families with ...
- 28.6k
1
vote
Accepted
Does "smaller clothes hangers for petite women" really pass the novel requirement?
It is rare that making something bigger or smaller is not deemed to be obvious.
If some “invention” is need to do miniaturization or if only one portion has a size change resulting in different ...
- 28.6k
1
vote
Does "smaller clothes hangers for petite women" really pass the novel requirement?
I am not a lawyer. That said, to me novel means never been done before. So if all hangers are approximately the same size and someone decides to make a smaller hanger for petite clothing and that was ...
- 10.9k
1
vote
Patenting a Sandbag?
Typically, the answer is "maybe." If literally no one has ever documented such a sandbag AND no one has ever used such a sandbag even if not documented, then it might be novel (e.g., not ...
- 484
1
vote
patenting a chair made up of wood from a special type of tree
I am not a lawyer so I can't cite any legal precedent. In my opinion, the chair made with the wood of a new tree would not be patentable. Wooden chairs have existed for centuries if not longer. Chairs ...
- 10.9k
1
vote
Patent grant despite prior art describing the same invention
There are different procedures in various jurisdictions. In no place I have heard it is automatic or easy. Until the 2012 AIA law in the US patents could only be invalidated in a court process that ...
- 28.6k
1
vote
Accepted
What happens if someone gets a patent granted and starts selling products but someone else had a patent for the same invention before that?
This scenario is rare as examiners are pretty thorough at reviewing their own country’s patents. More likely is that the second patent is a refinement of the first.
The important thing to remember is ...
- 10.9k
1
vote
Do you need to inform employer of patent licensing that you obtained on your own?
This may deal with your employment contract. For most jobs I'm familiar with what you do on you own time is your own business. This assumes it is unrelated to your company's business and you aren't ...
- 10.9k
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