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47

I have an app called Shake2MuteCall on my Droid2 for awhile now. I hit my phone and it stops ringing.


32

As a physicist/electronics/product-development engineer (and not a legal/patent expert - though I have filed several patents in the course of my employment) I would have thought that a sci-fi description or representation (film/TV) in sufficient detail could warrant prior art for a user-interface method for example. It would certainly weaken the case for a ...


31

In context with other examples of prior art (such as Bump's application which allows you to trade contact information by knocking two phones together or the N900's Shake to Control app which controls music with similar movement) this seems like a potentially valuable piece of prior art. In this case, Microsoft appears to have taken two well known concepts....


27

A patent application can be contested by a third party via prior art submission during a window that usually lasts more than 6 months. That window opens when a patent application is published -- usually 18 months after the application is first filed. The window closes when: a) The inventor receives a Notice of Allowance (NOA) OR If no NOA has been sent, ...


25

Yes, you can submit a YouTube Video as prior art as long as the YouTube video is publicly available. YouTube videos usually have the publication date under the video, such as "Uploaded by X on Oct 17, 2011". If you provide a hard copy of the video itself, it be hard to prove that the video was public or its publication date, especially if the public version ...


20

As others have pointed out, a youtube video could be prior art, in the sense that a video recording is eligible subject matter. Prosecution is sometimes ex parte, as in the case of a non-published patent application. This means that the office actions (rejections etc) from the USPTO to the applicant are sent only to the applicant, and not made public. So, ...


18

Most countries provide a search engine for their patent data. Additionally there are third-party search engines for patent data. Most of these will (all the big ones do) search the text of the patents for the supplied terms. Below are some links for the most popular tools. If you are looking for US patents, I would start with Google Patents first to get a ...


17

"Whack Gestures" (PDF) published by Hudson et al. at TEI 2010 seems to already cover this claim: While we were initially motivated by ESM applications, we believe other interactions could also benefit from this approach. Perhaps most compelling of these is quickly responding to (or silencing) a ringing cell phone. and: Gestures are performed by ...


15

I'll note now that this answer is not Sci-Fi specific, but does originate from a fictional, created, medium. According to an article on Cracked, a Donald Duck comic prevented a patent being granted in at least one region. #3 of the above link. The summarized version: In 1964, a freighter capsized off the coast of Kuwait. [...] So Danish inventor Karl ...


14

"Copyleft" is a specific application of copyright law (restricting the license to use copyrighted material by requiring that those obtaining it must also redistribute it for free / under specified terms). Any work under "copyleft" is protected by copyright law (thanks to The Berne Convention copyright is "automatic" in most of the world), and those ...


14

I am not aware of a definitive answer to your question either in the statutes or in case law, but I can set out likely parameters for making such a determination. The following excerpt from 35 USC section 102 most directly addresses the issues relevant to your question: A person shall be entitled to a patent unless— (a) the invention was known or used by ...


11

Yes, Apple's patents here are undeniably based on prior art. I'll try to answer your question best by providing details for your points, and then follow up with links to the authoritative sources. Hope this helps! :-) Prior Art as an invention Touch screens are approximately 40 years old, first built by IBM. The first publicly available touchscreen was ...


10

Yes. An issued patent is presumed to be valid, but a challenger can produce prior art to demonstrate that the claims of the patent were anticipated or rendered obvious. There are administrative post-grant procedures for challenging an issued patent, and, of course, anyone who is sued by a patent holder can support a defense of invalidity by producing prior ...


9

Yes, it's called a statutory disclaimer: A patentee owning the whole or any sectional interest in a patent may disclaim any complete claim or claims in a patent. In like manner any patentee may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted.


9

Well, all evidences might be taken into consideration. To be a prior art, evidence must be public and need to have a date and comprise one or more subject matter, which is claimed in new invention. But, like other evidences in the internet, video can be deleted from youtube and there will be a problem to prove that 1 year ago youtube (or any other public ...


9

Under the law, prior art must fit within one of the categories defined in 35 U.S.C. 102. The most likely categories for a youtube video are (1) a "printed publication" or (2) evidence of the invention being "known ... by others in this country." There is at least one case holding that a video is NOT a printed publication. Diomed, Inc. v. AngioDynamics, Inc....


9

This seems an obvious development to stuff that opera were doing with their mini browser in 2007. In their version, you zoom to parts of the screen by tapping them. Evolving the Internet on your phone: Designing web sites with Opera Mini 4 in mind


9

First, there are software patents in Europe. In fact with the new US cases on patentable subject matter issues, patent attorneys have told me that in many cases it is easier to get a software patent in Europe than in the US. To answer your question - prior art can come from anywhere around the world and be used to invalidate a US patent or prevent issuance ...


9

For the moment, I'm going to ignore the possibility that their patent actually covers something significantly different than your tracker, and just deal with the matter of dates. They have 1 year following the invention within which to file the patent, so your invention would need to predate the patent by at least 1 year to qualify as statutory prior art. ...


9

There is no intrinsic reason why a work of fiction could not considered prior art. It doesn't matter whether an invention is the result of the inventor's imagination, or of a series of experiment, or a combination of both. (In fact the US briefly has a “flash of creative genius” as a test for patentability, but that is no longer the case.) The current US law ...


9

The question asked for an explanation of inter partes review and ex parte reexamination when considering challenging patent with prior art. This is a big question that cannot be fully answered here. These are the two primary administrative procedures currently available to a third party to challenge an issued US patent. My answer on this other post ...


9

Under the new AIA patent law there is a window of time that starts after an application is published (has already occurred or you would not have been able to see it) and ends either 6 months later or when the first rejection has been issued by the patent office, whichever happens layer. The window would also end in the unlikely case that there was a notice ...


8

While it's not silencing a communication device, surely the silencing of an alert noise would even date back to the old alarm clocks which were designed to be thrown at a wall to turn them off. Had a friend had one of those back in the 1990s. Might not be a direct example of prior art, but modifying it to be a communication device rather than an alarm clock ...


8

I'm sure the attorney can figure out what to do with it depending on how on-target it is. There is prior art and then is good prior art. From previous postings on Ask Patents you can see that many things people originally think are killer prior art turn out to be something the patentee long ago informed the examiner of or have otherwise been fully ...


7

One reason for having dependent claims in the first place is that they can potentially stand on their own even if the claim that they depend from is deemed invalid. So no, if a particular claim has prior art it doesn't necessarily mean that its dependent claims will also be invalidated. However, depending on the particular prior art they could very well be ...


7

In general, patents/applications are heavily favored as you noticed. One contributing factor is that the search system (EAST) is the subject of a good amount of examiner training and is actually pretty good since it has a lot of operators that let you really search down to the sentence level. Another factor is that patents somewhat have their own lexicon ...


7

This patent covers an invention by a prominent US patent attorney (WESLEY W. WHITMYER) and enforced through is company (Whitserve). A jury found claims 10 and 15 of the patent enforceable and that judgment was recently affirmed on appeal with the exception that the Federal Circuit found Claim 10 invalid as anticipated by prior art. A dissenting opinion in ...


7

Hire a professional. 1) Neither question you ask can be answered with the information you gave, and even if you posted your application I doubt anyone would be willing to wade through it to give you an opinion for free. You have no idea how much effort what you are asking for requires, or what level of detail in the information you supply is required to ...


6

I have seen a YouTube video cited as prior art in an Office action, and a claim rejection was based in part on the YouTube video. So yes, YouTube videos can be prior art. In the Office action, the Examiner provided a screenshot of the video as well as its URL.


6

In a direct answer to the question, absolutely yes (the title is worded opposite to the question so the answer to the tile is no), up until March 16th of 2013 when the provisions of the AIA kicked in. The old law said you couldn't get a patent if it was patented or published anywhere in the world. Or if it was known or used by others in this country - 35 ...


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