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-1 votes

If you are the first to manufacture / produce a product, can you later retroactively file a patent for it?

If conception of the invention or reduction thereof to practice (hereinafter: “to Invent” or “Invention” etc.) occurs before March 15, 2013, and did so before anyone else, one may obtain the patent ...
1 vote

When is combining prior art to invent something new obvious and when is it not obvious?

The law is (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be ...
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2 votes
Accepted

When is combining prior art to invent something new obvious and when is it not obvious?

I think the standard is whether someone with ordinary skill in the field would find the combination obvious. In this case it's a mechanical assembly so perhaps a mechanical engineer. I looked at the ...
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2 votes
Accepted

What constitute as prior art that an examiner or PTAB petitioner can use against an application?

Absolutely anything that is publicly disclosed before an application is filed is potentially prior art. Yes, something posted on Stack Exchange may be used as prior art.
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2 votes

If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?

Image a 4-wheel car exists and what everyone knows is that to be stable a car needs 4 wheels in a rectangular arrangement. Someone invents a 3-wheel car be realizing stabilization can be achieved by ...
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2 votes
Accepted

If I own the patent to A+B+C, and later A+B is granted a patent, can I still manufacture A+B+C

A patent on an invention gives you no right to make it. It is a common and persistent mis understanding. Patents convey the negative right to try to stop others from practicing your invention but ...
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1 vote
Accepted

If A+B+C is prior art, and now someone is granted a patent for A+B

One product can easily infringe more than one patent. Settling with or licensing one patent is irrelevant to the second infringement case from an unrelated patent owner. If one of the patents should ...
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1 vote
Accepted

If A+B+C already exists, would it be argument for obviousness if someone attempts to patent A+B?

No, it would not be an argument for obviousness because it is an argument for (lack of) novelty. You can easily see that by drawing Venn diagrams. When the scope (area) of what you are trying to ...
2 votes

If A+B+C is prior art, and now someone is granted a patent for A+B

My guess, and I am not a lawyer, it that both John and Steve can sue the manufacturer for selling A+B+C or A+B+C+D+etc. An interesting question is whether Steve has any rights to sue if the ...
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