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

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 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

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

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

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 ip.com database to their searches, I personally have seen many search reports citing ip.com articles. So it is guaranteed that your disclosure will be retrieved ...


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

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

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 core of a rejection. There is no requirement to do a search - it is what you know. The duty to disclose exists from the day of filing until the patent goes ...


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. ...


4

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 art for both is the same (see mpep 2141.01) ! This is based in: (Post AIA, so for your question the next section is not relevant, however I find it very ...


4

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 don't do that by patenting the prior art but by filing divisionals / continuations and fuzzy claims. Essentially they try to take an inventive idea and ...


4

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 disclosure statement (IDS). You do not have to search for references, but it is to your advantage to do so. It's hard to write a good patent application if ...


4

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, 18 months after the provisional's filing date). Therefore, if the company had filed their provisional the day before yours, it would not yet have become public....


4

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 same filing date as the priority document. (I'm talking about a first and second application, if you want to claim priority to an application that is already ...


4

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 previous work. The reason for the change is that people were accused in court of misleading the examiner, for example, by saying - Patent X doesn't teach ...


4

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 that "information is generally to be regarded as having been made public if even just one single member of the public is in a position to gain access to it and ...


4

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 (i.e. society, via the government) give you a possibility of a time limited monopoly. But, the body of your question is not actually that question. The U.S., ...


3

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.


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