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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 (...
Extraneous's 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 ...
Eric S's user avatar
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4 votes
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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 ...
chempatent1981's user avatar
4 votes
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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 ...
George White's user avatar
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4 votes
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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 ...
Eric S's user avatar
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4 votes
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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 ...
George White's user avatar
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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 ...
Eric S's user avatar
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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.
D Bologna's user avatar
3 votes
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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 ...
Riccati's user avatar
  • 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, ...
rhymes_with_dorange's user avatar
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 ...
Scott Keeley's user avatar
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 ...
George White's user avatar
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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. ...
Eric S's user avatar
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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 ...
chempatent1981's user avatar
3 votes
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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 ...
George White's user avatar
  • 29.2k
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 ...
RishiM's user avatar
  • 1,191
3 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 (...
George White's user avatar
  • 29.2k
3 votes

Does obtaining a timestamp for a description affect future attempts to patent it?

I agree with the answer from @Eric Shain. I would add one nuance. At least in the U.S. there is a derivation proceeding that allows one to challenge an earlier filed application of another on the ...
George White's user avatar
  • 29.2k
3 votes

Is a non-disclosed patent application treated as prior art for a subsequent patent

Until an application is published it is not prior art. It is not accessible by an examiner but even it was it could not be used as prior art. However, once it is published it can be prior art with ...
George White's user avatar
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3 votes
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How much time before should a prior art have happened before its patent application for it to be accepted as prior art request material?

It is prior art if the event that disclosed it (or the equivalent of disclosing it under the law) was the day before. Except in the U.S. if the inventors/applicants were the ones who made the ...
George White's user avatar
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3 votes

Applying for a patent that is similar to a granted patent

There are two different aspects of dealing with the existing patent. First is infringement. You infringe on a claim if you implement each and every aspect of the claim. Thus if a claim has steps 1 ...
Eric S's user avatar
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3 votes
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What's the criteria for you to get a patent on an improvement?

Criteria for you to get a patent on an improvement Almost everything can be seen as an improvement on something from the past. The claims of previous work are not particularly relevant to a ...
George White's user avatar
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3 votes

What's the criteria for you to get a patent on an improvement?

Although George White's answer is excellent, I wanted to explicitly answer your last question. Also, in order to not infringe the patent, should the new method not violate all claims, or is it an ...
Eric S's user avatar
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