Skip to main content
5 votes

This Patent is for a process that that was invented by someone else

This involves two separate questions. Of course, the short answer to both is to discuss this with a patent attorney. But in any caseā€¦ How can I protest this patent? This is still a patent application. ...
Maca's user avatar
  • 6,178
5 votes

How to protect an app whose functionality is not novel, but the GUI is

Although design patents might be a good way to go, you may be able to gain some measure of protection for your gui with copyright. The pdf found here provides more information than I can provide in ...
Eric S's user avatar
  • 11.2k
4 votes
Accepted

Coverage and risk of ImageWare patents

There is no definitive answer to your question. The simple suggestion is that you might want to consider consulting with your attorney. But, unfortunately, it is highly unlikely that even attorney ...
Andrew C.'s user avatar
  • 196
4 votes
Accepted

Is it possible to patent a new general method of optimizing some industrial processes?

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 ...
George White's user avatar
  • 29.1k
4 votes

How does a patent owner establsh that a patent that includes an algorithm is infringed?

In civil lawsuits, including patent infringement,there is something called discovery where a judge requires the defendant to expose information relevant to the case to the plaintive. Also, patent ...
George White's user avatar
  • 29.1k
3 votes

Coverage and risk of ImageWare patents

You also must consider the DOZENS of subsequent patents that reference this patent as prior art. The are very large players Honeywell, NEC, Sony, Samsung & Raytheon among others too that have ...
3dalliance's user avatar
3 votes

Prior art request: US7263687 (Object-oriented enumerated type facility)

Please take a look into US7263687 patent prosecution. Patent examiner already addressed this patent not being novel over "Effective Java Programming" which was mentioned in patent description (...
Andrew C.'s user avatar
  • 196
3 votes
Accepted

What concrete lessons should software patent applicants learn from Alice vs CLS Bank?

First I should note that the ratio in Alice, while easy to state, is rather hard to apply. Many words have been shed trying to characterise precisely what Alice-style abstractness really is. But the ...
Maca's user avatar
  • 6,178
3 votes

How should I patent my behavioral bio-metric identification idea in the US or Europe?

We are confused where to register the patent? US or Europe? Patents are territorial. If you want to prevent competitors from using your invention in the US, then you'll need a US patent. If you want ...
Maca's user avatar
  • 6,178
3 votes
Accepted

Can a data-fomat be patented and saved with a common storage format?

This kind of thing was previously considered patent eligible (and some examples were found to be novel and non-obvious and granted patents) but they aren't considered patent eligible any longer. A ...
George White's user avatar
  • 29.1k
3 votes

Software Patent or Copyright?

Patents and copyright in the context of software cover different aspects of your product. You would want to consider both. Since this very much turns precisely on your idea, you really ought to go see ...
Maca's user avatar
  • 6,178
3 votes

Software Patent or Copyright?

Without having specific details, my sense is you can't protect your idea. In the past, it was possible to patent purely abstract ideas such as "a computing device that is mobile" but this led to ...
DukeZhou's user avatar
  • 761
3 votes

Are Google patents preventing new email client products?

The standard answer is to engage an attorney to do a freedom to operate search and give you a written opinion. This presupposes that you know what you are building and how it works in some detail. The ...
George White's user avatar
  • 29.1k
3 votes

Prior art time relevance when filling continuing application

Continuous application receive the priority date from first filed application but not the allowance date. To receive the priority from first application you need to file continuous application before ...
RishiM's user avatar
  • 1,191
3 votes

Is it possible to patent a new general method of optimizing some industrial processes?

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 ...
the Europeist's user avatar
3 votes
Accepted

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
  • 29.1k
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
  • 11.2k
3 votes
Accepted

Why doesn't Samsung remove the non-essential software patent features to prevent patent war?

The damages were for what was already sold. For future shipments they can either negotiate a license or remove the patented feature.
George White's user avatar
  • 29.1k
3 votes
Accepted

How does a patent owner establsh that a patent that includes an algorithm is infringed?

George White's answer succinctly gives an answer to this question in its context, the only thing I could add from a more technical perspective, since I sense there is some curiosity from that angle is ...
PatentosPite's user avatar
3 votes

can any patent attorney draft a good software patent?

Your argument is "generic" - according to its logic, any attorney should be able to draft a good patent about anything because statutory classes are fundamental to patents and predate the ...
bhuff36's user avatar
  • 645
3 votes

difference between claiming a software invention as a method, apparatus, or system?

What the difference between claiming a software as a method vs apparatus vs system? The main difference is the type of activity that is considered to infringe each form of claim, when performed ...
bhuff36's user avatar
  • 645
2 votes

How does one start patenting an idea in India?

Obtaining a patent is a first step to compete with commercial competitors. According to the The Patent Act, 1970. The following are not inventions according to section 3(k) of Indian Patent Act, 1970 ...
Mr. Lokesh's user avatar
2 votes

How Do I avoid being sued for patent infringement when publishing my mobile app?

From your question, it is clear you have a misunderstanding between patent and copyright. I suggest you begin by reading this introduction from the United States Patent and Trademark Office (USPTO). A ...
J. Roibal - BlockchainEng's user avatar
2 votes

Patentability of a specialized programming library/framework

You didn't write which country you are living in. I cannot tell you about the situation in the United States but only about the situation in Germany which seems to be similar in many countries of the ...
Martin Rosenau's user avatar
2 votes

Possible patent considerations when posting Source-Code online?

As a university student you should definitely consider working with your school's legal department. It may be in your best interest to allow the school to pursue the patent rather than doing it ...
Eric S's user avatar
  • 11.2k
2 votes
Accepted

is a provisional utility patent the way I need to go?

Is a provisional utility patent the way I need to go? Possibly, but not for the reasons you suggest. A good provisional does not take less time than a non-provisional, as the drafting process is ...
Maca's user avatar
  • 6,178

Only top scored, non community-wiki answers of a minimum length are eligible