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 ...
- 491
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 (...
- 156
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 ...
- 10.8k
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
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 ...
- 1,753
4
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 ...
- 1,292
4
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 ...
- 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
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.
- 31
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
I had invented and published before this patent application - How do I get it invalidated?
the reference to the "Patent" that you cited isn't actually a granted patent, it's only an application that has been published by the USPTO.
If you are interested in submitting what you have done so ...
- 59
3
votes
Accepted
Register prior art, but not wanting a patent
I'm with the many others who suggest to place your sourcecode on a public open-source management system of some kind. This will date the files appropriately.
However, look at any software patent, ...
- 429
3
votes
Patenting an added ingredient as an improvement
Yes, you could apply for a patent for the new combination. However, it might be refused as being obvious.
The expired patent (P1) which discloses the combination of painting oil and stone dust is ...
- 6,178
3
votes
Prior art search based on non-paid databases
This is opinion based and I'm an inventor, not a patent attorney. I have done my fair bit of patent searching. In my previous job I've used both Micropatent and Totalpatent both of which are paid ...
- 10.8k
3
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 ...
- 469
3
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, ...
3
votes
Burying prior art/achieving broad presumption of validity via IDS
The examiners that I know would see through this and be at least slightly annoyed. This would not help you. I look at the IDS as a list of references that I am aware of and that I have had time to ...
- 31
3
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 ...
- 28.5k
3
votes
At what point do conversations become prior art?
I'm not a lawyer, but my understanding is that something has to be publicly disclosed to be considered prior art. Conversations between colleagues within the same business is clearly not prior art. ...
- 10.8k
3
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 ...
- 1,292
3
votes
Accepted
Novelty requirements for dependent claims
If A is unknown, then a B that is A plus a regular thing "delta" is inherently unknown. So, a claim that says, "the thing of claim 1 where the bottom is red" is inherently novel if claim 1 is novel ...
- 28.5k
3
votes
US20180247698A1 Patent Application is Crashing on Prior art - Springer Book chapter 5 published in 2010
35 U.S.C. 122(e) provides a mechanism for third parties to submit patents, published patent applications, or other printed publications of potential relevance to the examination of a patent ...
- 1,191
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