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9

I have a few suggestions: the USPTO is helping local non-profits set up pro bono patent help. (pro-se and pro bono at USPTO) The first one up and running is in Minneapolis but others are getting on line. Second there may be an inventors club in your area and there may be members who are patent agents or patent attorneys who can provide some advice on DIY ...


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Basically, Patent Prosecution Highway is a fast track examination of patent applications. It provides a faster process to have a patent application considered by the patent office. The patent application can be prosecuted under PPH only when the applicantion receives a notice from one patent office that at least one of the claims is patentable or allowable. ...


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For your second question: No. Now to the first one, as this is harder. If the claims state something similar to after adding two to two we get 4 but 4 is sufficiently close to 77 so whatever or we add 2 and 2 and procede, then this should not in any way forbid you to use your invention. BUT: And this is actually what you asked: Are patent claims valid ...


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A U.S. answer. Some things in the field you describe are patentable in the U.S. and some are not. Unfortunately, above novelty and non-obviousness, the current huge hurdle is abstractness. The law on this in the U.S. has changed in the last few years in the direction of making it much easier to shoot down something as abstract. The broader range of processes ...


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Would someone be able to patent a process in which the outcome may be the same as an already patented process? Yes, as long as the new method was novel and non-obvious. In this case, your patent would be limited to the process, and not the product itself (since the product is not novel). Example Assume there is a prior art patent, with claims: ...


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Thanks for all the comments. Answering my own question. I first called the number of the Pre-Grant Publication Division at (703)605-4283 according to the SB/36 form, but that number turned out already invalidated. I then called the Application Assistance Unit (AAU) at 571-272-4000. After waiting for more than one hour, I finally reached to someone and they ...


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Assumption: A technology based patent application will be submitted to United States Patent and Trademark office (USPTO). You need first investigate prior art. Essentially you have to validate if your invention is truly an invention. There few ways you can achieve this task. Literature search - start with simple google search Make sure you have clearly ...


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I highly recommend not using the USPTO's search site. Google patents is easier to use, more forgiving of poor search strings, now has patents and patent applications from China, Europe and WIPO, and provides access to information besides the patent itself, including assignment history. The search you did might have found something if you didn't have the "....


3

An alternative not yet mentioned is to consult with your university's tech transfer office. You should do so under confidentiality agreement or otherwise ensure that they will keep any disclosure confidential so it does not count as prior art against you. Many professors are in the same situation as you-they have a potentially patentable invention but no ...


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According to the EPO website, this patent application has been published and is pending examination. https://register.epo.org/espacenet/application?number=EP11735182 Since it looks like priorty is claimed to a US filing, a search on the US Patent Office website seems to confirm that a US patent has not issued for this application.


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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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My answer refers to European patent practice. Most probably you will not be able to get a patent granted for the method/algorithm if you do not refer it to a particular industrial application. Without claiming the different steps of the industrial procedure, the steps of your method/algorithm will be considered a mathematical method or a computer program as ...


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"I am the inventor of the technology" is ambiguous; George thinks he means the technology of the application, and so he must withdraw the application, and give back his licensing fee depending on that agreement's wording. I think he means he is the inventor of the invalidating technology but doesn't want to start an expensive fight, and is asking for the ...


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The inventors, applicants, attorney and everyone involved in a pending patent application are required to inform the patent office of any published document or activity that pre-date the application and that might make for a rejection. You are also required to provide them any information you know of that tends to contradict a position you have taken in the ...


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You have it basically right. First an application is submitted and it gets an application number and a tentative filing date. Over the next few weeks it is checked by administrative people for conformance and completeness with respect to formal requirements. They are not looking at content other then that the minimum requirements are met. These include ...


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This is a challenging question due to some recent court cases, in particular the Alice decision (Supreme Court decision) (Wikipedia Article). Both of these are highly recommended reading prior to writing a new application in this space, because the Alice decision created a new legal test for patentability for business methods, based on a test of abstraction. ...


2

Any claim that covers embodiments rendered obvious by the description of the previous patent is invalid. At first glance it appears that the newer patent adds a lot of constraints to the structure; these additional constraints might not be obvious even if the purpose of the invention is the same. Just because a car has already been patented doesn't mean ...


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The short version is they do a search through databases starting with patent databases. They aren't specifically looking for previous patents. If your claimed invention is already described in a patent, a patent application, a journal article, or anywhere else you shouldn't be able to get a patent. Searching is a art. It is done by text searching and by ...


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A method of teaching is likely to be rejected as unpatentable under §101 (commonly used to reject software and business methods, but it seems like teaching would be treated similarly). @EricShain is likely correct: copyright will probably be more useful to you. "Section 101" is part of US patent law, officially numbered 35 U.S.C. §101. It says: Whoever ...


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It depends. Phrasing this as if your invention were a thing, most patent claims are made of of existing "parts". How the parts are arranged and coupled relative to each other to function is usually what makes something novel and non-obvious. This is also true for a process. You could have an obvious arrangement of old steps or you could have a non-obvious ...


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You question is a bit confusing, but I'll try to answer my interpretation. If you make an improvement to an existing patented device, you could potentially obtain a patent on the improvement, but if the existing patent has yet to expire, you can not produce the product without obtaining a license (assuming your product is covered by its claims). For any ...


1

I am not a lawyer, but I have 30 years of working in industry and quite a few patents all of which are the property of my employers. I don't think you can get a definitive answer on this site as each company may have its own employment policies. In general, the rule of thumb is if you are being paid for the work, the work product (which includes inventions) ...


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Most patents from 40 years ago will be expired now. But there are three points which might still forbid the usage of the process: Newer patents on improvements - there could still be patents for parts of the method patented later. If every part of it was known exactly like it is now 40 years ago, this is unlikly, if not, it's entirely possible. 40 years ago ...


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The default case for a U.S. patent application is to be published 18 months from the earliest claimed priority date. That might be 18 months from filing. In the case the priority document was a provisional application and a non-provisonal application is filed just before the 12 month point, the publication will be 18 months from the provisional filing or 6 ...


1

This does vary from state-to-state. I believe that in most states the invention "belongs" to the employer if you signed that away when first hired or if you were hired to invent or assigned to come up with this particular thing. Even in cases where there is no agreement and you were not hired to invent, if you did it on the company's time and/or equipment, ...


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Sheraz, patents are geographic in nature. So, a US patent, for example, only provides the owner with exclusionary rights in the US. I recommend you get in contact with a local patent attorney to discuss. Many patents have been issued for gestures in the context of touchscreens, trackpads and the like. See ==> http://io9.com/10-physical-gestures-that-have-...


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You do not need to prove the concept by documenting experiments unless it involves biology or possibly chemistry. You do to have the solution in hand, requiring no further invention. But it can all be on paper. A patent application, to have any real value, needs to show that you are "in possession of the invention", and needs to "teach someone skilled in ...


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"Virtually no small businesses in this sphere"? There are thousands of small software startups. A site I just googled that lists jobs in software startups showed 2000 openings. You can incorporate, you can buy patent insurance and they can't really take your wife and kids. The GAO put out a report this week on the impact of patent litigation that has data ...


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To create a prior-art-request, any user can follow the prior art request format and ask the AskPatents community for help finding prior art on a US Patent Application on AskPatents. Current Prior Art Requests on AskPatents How to Submit a Prior Art Request As revised by the America Invents Act (AIA), 35 U.S.C. § 122(e) expands the opportunity for third-...


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You say "modified" but with no "invention". How do you judge if your modification is or is not inventive? Small modifications can have large, unexpected consequences. And large modifications can be not new or obvious.


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