3
votes
Can a patent make you stop selling your product?
Yes, if their application pre-dated your public disclosure. Another possibility is the person's product came after yours but the examiner does not find your device or anything else like it. A patent ...
- 28.7k
3
votes
Can a patent make you stop selling your product?
Simply put, yes.
A little more precisely, there may be existing patents that the product infringes. Either the product as a whole (a personal cooling unit) or parts of the product (like the straps ...
- 484
2
votes
Patent protection per country
The provisional patent shouldn't become a part of the public domain unless you publish it (at least for the USPTO, provisional applications are not published, and non-provisional applications are not ...
- 761
2
votes
Protections for selling a business idea
"Business Ideas" cannot be patented, only novel processes that are not deemed wholly abstract.
Thus, if you had a design for a new type of engine, you could seek a patent.
But if you had an idea ...
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2
votes
Accepted
Can alternative embodiments well known to skilled persons but not described in my description be protected by my broad claim?
If you have a granted patent with a broad claim, then you can enforce that patent against others who infringe upon it. If you are worried about some minor variations of the invention getting patent ...
- 10.9k
1
vote
Is it possible to describe functionally materials instead of chemically?
If you do not know what chemicals have the properties you require you may not have an enabled invention to patent.
The good news, taking your example - a lubricant is a noun (a thing, in this case) ...
- 28.7k
1
vote
If a claim is broader than the description, what is protected exactly?
If you are talking about an issued U.S. patent there is a reasonable chance that, if it is enforced, a court will interpret a claim more narrowly than its actual words.
There is one truism of claim ...
- 28.7k
1
vote
If a claim is broader than the description, what is protected exactly?
The simple answer is the claim establishes what is protected. It is important to determine if you are viewing an actual granted patent or a patent application. Applications often have excessively ...
- 10.9k
1
vote
Do 2 patents with single claim have the same legal protection as 1 patent with 2 independent claims?
There are multiple ways to end up with two patents with claims that cover related subject matter. One is by filing two applications and the other is by having a continuation or divisional from a ...
- 28.7k
1
vote
What can I do to someone who stole my idea and patented it?
Technically, it is not legal for someone to patent your invention:
"The patent application includes a declaration in which the applicant swears that everything in the application is true. So if you ...
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1
vote
Patent protection: Through Inventor or Company name
Either option is ok, from a legal point of view.
However, joint ownership can be quite difficult in practice. Generally any changes (such as assignments or licensing) require the assent of all the ...
- 6,178
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