7 votes

Urgent - My Patent Application received a Non-Final Rejection, Advice?

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 ...
user avatar
  • 491
6 votes

Can a copyright be used as a substitute for a patent?

I think you're misunderstanding what a copyright does. No, a copyright is no substitution for a patent, in any way, shape, or form. I posted an answer a few months ago on Startups Stack Exchange ...
user avatar
6 votes

Sue patent lawyer obvious prior art

Short: you cannot. Long: If you paid your patent attorney for doing a search prior to drafting your patent (because if not then it wasn't even their job) then obviously they didn't do that to the ...
user avatar
  • 5,827
5 votes

Do you have to amend claims lacking novelty or an inventive step

Since you mention Articles 33(2) and (3) PCT, I assume that you requested International Preliminary Examination, and that the Examiner who drafted the International Preliminary Examination Report (...
user avatar
5 votes
Accepted

Best places to record ideas as prior art to avoid later patents (UK/US)

The most famous one is http://ip.com/ I don't know if one has to pay for publishing there, but its main purpose is defensive publications, i.e. what you are looking for. Patent examiners include the ...
user avatar
5 votes
Accepted

Is searching by CPC adequate while performing a patent search?

No. As mentioned in a comment, patents and patent publications are not the only sources of prior art. Professional technical journals, magazine articles, books and even youtube videos could contain ...
user avatar
  • 25.6k
4 votes
Accepted

Can a patent still be granted with many prior arts (ref citatations/isr etc )?

The inventors, patent practitioners and everyone else involved in the project of trying to get a U.S. patent are under a duty of disclosure to the USPTO of everything they know of that might form the ...
user avatar
  • 25.6k
4 votes

Canadian and intl patent application-in-process beat me to it

Regarding "if the Canadian guy's patent is rejected, can I try", I assume you mean "can I try to patent it". The answer is no, insofar as what you want to patent is contained in (or obvious in light ...
user avatar
  • 41
4 votes

Canadian and intl patent application-in-process beat me to it

A pending patent application does not provide the owner with any enforceable exclusionary rights to stop others from making, using, offering for sale, selling or importing the claimed invention. So, ...
user avatar
  • 599
4 votes

Can a prior publication by the inventors themselves defeat novelty?

Generally speaking, it does not matter who the authors of a prior art document are. If a prior publication was made by the inventors applying for a patent themselves, it is generally just as novelty-...
user avatar
4 votes

Prior Art from 2002 for XML to XSD generation?

Note that this is only a patent application, not a patent grant. Looking into the Image File Wrapper (USPTO Public Pair database), you will find that this application was Abandoned on March 19, 2013 ...
user avatar
  • 1,775
4 votes

Get the same patent in multiple countries

This is why the Patent Cooperation Treaty (PCT) exists. A patent application filed as PCT may be filed in other member states. There is a good overview of PCT filing here, and more authoritative ...
user avatar
  • 1,775
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 ...
user avatar
4 votes

I had invented and published before this patent application - How do I get it invalidated?

As far as I can tell, the patent has only issued in the US. You can file a Post Grant Review within 9 months of the grant date of January 30, 2018. This article describes the options for challenging ...
user avatar
  • 9,712
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 ...
user avatar
  • 5,827
4 votes
Accepted

Can Patent A be considered as a prior art over Patent B with a priority date before the filing date of Patent B?

Due to the application beeing pre AIA, I had to revise my previous answer Lets start with two of the three conditions for patentability - novelty and non-obviousness (the third is usefulness). Prior ...
user avatar
  • 5,827
4 votes
Accepted

Why do people patent well-known ideas?

I think this question is based on a misunderstanding. I think this misunderstanding is based on two facts. Patent trolls do try to get broad patents on existing technology and then sue others. They ...
user avatar
  • 5,827
4 votes
Accepted

Including existing patents and non-patent prior art in a nonprovisional application

Your question is somewhat vague, so I will provide a somewhat vague answer: You must tell the patent office about any relevant references you know about. The best way to do this is in an information ...
user avatar
  • 511
4 votes
Accepted

Schrödingers Prior art 54(3) EPC

First of all, your understanding of 54(3) EPC seems to be right. More information can be found in the guidelines for examination where one can also read that the EP application has to be valid (e.g. ...
user avatar
  • 5,827
4 votes

A company claims they provisional patent on my idea 17 months ago, but haven't published anything that uses it

No, you can't safely assume this was a lie. First, US patent applications do not generally publish until 18 months after their priority date (so, for an application claiming priority to a provisional, ...
user avatar
4 votes
Accepted

Will publishing parts of a provisional application jeopardize regular application based on it?

A provisional (or a non provisional) allows you to claim priority to it. That means, any application validly claiming priority in the period of one year after the filing will be assumed to have the ...
user avatar
  • 5,827
4 votes

Why would a patent application discuss the prior art?

That changed in the last 15 years and now it is strongly recommended by most practitioners that the words "prior art" do not appear in a patent application and there is not a listing or discussion of ...
user avatar
  • 25.6k
4 votes

At what point do conversations become prior art?

This is a very interesting topic and a short answer is rather impossible. It's all about how you define the public and its access to prior art. The EPO (Europe, for the most part of it) considers ...
user avatar
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 (...
user avatar
  • 25.6k
3 votes

Randomized distributed network coding - Date for prior art?

Short answer: The first paper has a prior art date under 35 USC 102(a), however, the second paper does not have a prior art date under 35 USC 102. Furthermore, both of these papers have already been ...
user avatar
  • 71
3 votes

Do I need to search for patents which are not yet published?

Patent applications which are not published will not be available for search. Refer to this link to understand on how to conduct a prior art search: http://www.invntree.com/blogs/how-conduct-patent-...
user avatar
  • 776
3 votes

US2009/0183782 is the same as US2014/0048148, is that allowed?

I went on to PUBLIC PAIR and checked the status of both applications. US2009/0183782 was abandoned on 2-10-2014 in response to a non-final office action. US2014/0048148 was filed as a continuation-in- ...
user avatar
  • 133
3 votes

Can a YouTube video be submitted as prior art?

Yes, it can. I did a quick search and found over 100 patents with a youtube.com prior art citation. The earliest citations I found are in US 7783710, US 7844507, and US 7934725.
user avatar
3 votes

Filing a second patent after a first one

For improvement over a patent pending product or process, you may go ahead with filing Continuation-In-Part Application (CIP, under the US patent system) during the pendency (before issuance or ...
user avatar
3 votes

Knocking prior art, is it necessary?

At the time of filing your patent application, it is not mandatory to state the difference between your invention and the prior art that you have, in the application. You may, however, have to ...
user avatar

Only top scored, non community-wiki answers of a minimum length are eligible