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

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

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

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 ...


6

Yes. Web pages that are part of the Internet Archive (ie. found with the Wayback Machine) are web pages that were once public, and may be considered "Printed Publications" as per MPEP 2128. Of course, web pages have been used as prior art during patent prosecution before. For instance, during Amazon.com v. Barnesandnoble.com (1999): Pages from a website ...


6

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 which roughly describes the difference between these two mechanisms of intellectual property protection, "Can you copyright a program you have made from scratch?" ...


6

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 best possible outcome. But: a patent search needs time and time costs money. If you want to find everything then you will find no patent attorney in his right ...


5

A non final rejection was issued in November. Besides a rejection due to non patentable subject matter, 19 of the 20 claims were seen as anticipated by us2008/0165022, Hertz. The remaining claim was seen as obvious under Hertz in light of examiner's knowledge. You can look it up in public PAIR. Also Hertz has been issued as US7671756 in 2010. I did not ...


5

First, the search tools that we examiners have are tuned for searching natural language, not source code, so it's far easier to find natural-language prior art than source code prior art. And your question assumes that most patent examiners who handle software-related applications are proficient at reading source code. Most of us are not. And there are ...


5

The other answers address submitting prior art before the patent is allowed. Additionally, you can submit prior art after the patent issues anytime during the life of the patent. If it is relevant, the patent office will attach the submitted prior art to the official file on the patent. Anyone needing to defend themselves against assertion of the patent ...


5

Three part answer: (1) Grace Period: The inventor's own pre-filing disclosure (or other disclosures stemming therefrom) will not invalidate the later-filed application so long as it is filed within the one-year deadline. This is true even when the disclosure is very public and without any claim-to-patent-rights made in the disclosure. One major caveat is ...


5

I'll just say a little about searching that may help get you started. Your last two questions deserve separate answers, I might come back to that in a while if no-one else addresses them. Most patent databases - both the free ones like depatis, espacenet, google patents and the uspto one, and the subscription ones - allow word searches. But this has it's ...


5

To supplement the answer above: There is a book that is pretty good. "Patent Searching Made Easy: How to do Patent Searches on the Internet and in the Library" By David Hitchcock. Other places to search might be google scholar and for some things halfbakery. I also look up old versions of web sites in the wayback machine archive.org At one presentation on ...


5

Especially in the earlier days of Ask Patents many posts used "prior art" as synonymous with "killer prior art that would completely show a patent document to not be new". Technically "A is prior art to B" just means that A is allowed to be used against B. To qualify under this correct, and low, hurdle A needs to meet a timing criteria, an "available to the ...


5

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 (IPRP) found that some of your claims are not novel. However, the IPRP is just that - preliminary. You may respond to the IPRP to try and overcome the objections ...


5

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 relevant prior art. Also, CPC is a joint program of the U.S. and the EPO. Patent documents from other locations may not even have a CPC classification. To get a ...


4

The Examiner Corps is a big group, and while some of them are very thorough, others may be happy to do one quick text search of their patent document databases. It is difficult to do much before a competitor's application publishes. Did you file your own patent application? This can be a good strategy for this type of situation (assuming no prior art bar)....


4

Paul Morgan has a good article posted here on this subject: http://www.patentlyo.com/patent/2012/01/guest-post-should-you-submit-third-party-prior-art.html If the prior art is used to reject a patent application, it will appear in the prosecution history. If an Office Action contains a rejection relying on that prior art, that prior art will be listed as ...


4

There's a case called Lockwood v. American Airlines. The money paragraph follows. TL;DR? If the claims of the patent are taught by the public aspects of the system, then you're likely to invalidate. If the claims recite implementation detail that is not publicly accessible from the system, then you might still be able to invalidate, but this case is not ...


4

From Wikipedia (http://en.wikipedia.org/wiki/United_States_Patent_and_Trademark_Office) U.S. Patent 6,368,227, "Method of swinging on a swing", issued April 9, 2002 was granted to a seven-year-old boy, whose father, a patent attorney, wanted to demonstrate how the patent system worked to his son (aged 5 at the time of the application). The PTO initially ...


4

There are commercial companies set up to publish things exactly for this reason. They charge by the page. One, Kenneth Mason Publishing, is in the U.K. and has Research Disclosures. Looks like is over $100 per page. Is it short?. Another is IP.com. To do it free but in a way that is time stamped and likely to show up in a search requires more creativity. ...


4

This "patent" does not "still exist". It never existed as a granted patent. It is a publication of an application for a patent. No patent was granted and this application went abandoned in 2010 (see USPTO Public PAIR). The rejection it got cited Mahoney. Once published, a patent document remains in the databases of patent documents, of course, and serves as ...


4

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, you cannot be sued for infringement until a patent issues, if ever. When a patent application is laid open (published) in Canada, the prosecution history (the ...


4

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 of) his patent application. You can only get a patent for something that is new, not something that is already in public knowledge (e.g. published for all to ...


4

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-destroying as somebody else's relevant publication. In some countries, notably the US, a "grace period" of 6-12 months exists, during which inventors may still ...


4

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 and is now in the Public Domain. After several Office Actions, the claims were rejected by the examiner based on an earlier patent application (US 2006/0206518 ...


4

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 information can be found at WIPO, especially in this overview figure. I strongly recommend finding a patent agent who can step you through this process.


4

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 hereby acknowledge that any willful false statement made in this declaration is punishable under 18 U.S.C. 1001 by fine or imprisonment of not more than five (...


4

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 against the patent you can however send "prior art", meaning documents proving that these steps were known before the date of the patent to the patent offices. ...


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