11

The D programming language has scope classes, shown here in the "Scope Classes" section. (quoted for convenience) Scope Classes A scope class is a class with the scope attribute, as in: scope class Foo { ... } The scope characteristic is inherited, so if any classes derived from a scope class are also scope. An scope class reference can only ...


9

Prior art: GNU's GCC cleanup extension for C, http://en.wikipedia.org/wiki/Resource_Acquisition_Is_Initialization#GCC_.22cleanup.22_extension_for_C Google's Go language, defer statement. Any C++ code using RAII that is then compiled through CFront. Any C or C++ code using a macro to limit lifetime of anything. Any code generator in any language that ...


7

For a complex computer implemented invention it is advisable to have independent claims for a system, for a method and for a so-call CRM (computer readable medium). For a device, machine or system that comes all together from one vendor ready to do what it does (egg beater, laser printer, machine gun) a claim on the "thing" is usually more desirable than ...


7

Mobile application or software or the computer program can be protected by copyright law and patent law. Under copyright law, software or the computer program is usually regarded as a "literary work". The unique characteristic of computer programs that differentiate them from other literary works is their dynamic essence, which usually includes algorithms ...


6

Software can be protected by copyright law and patent law. Under copyright law, software or the computer program is usually regarded as a "literary work". The unique characteristic of computer programs that differentiate them from other literary works is their dynamic essence, which usually includes algorithms or mathematical formulae's or logical condition ...


6

What you are looking for is Freedom-to-Operate. There are quite a few articles written on this subject, and most of them deal with the inherent difficulty you describe. I've stitched together some excerpts from those articles, hopefully into a coherent meta-article: Crouch, D. Facilitating Freedom-to-Operate Searches. Patently-O. September 17, 2010. A ...


6

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 this answer.


6

Yes. The patent holder may sue for lost profits and/or reasonable royalties. Wikipedia sums it up well: Under 35 U.S.C. § 284, a patent owner is entitled to "damages adequate to compensate for the infringement, but in no event less than a reasonable royalty."[9] Lost profits that result from infringement of their patent are also compensable. Which by ...


5

You have provided very little information about what you your app is doing. But based on what you have provided, I believe it is unlikely that you could receive patent protection. Generally speaking, a patent cannot be used to patent an idea, but rather the concrete manifestation of that idea. Said another way, to be patent eligible, an invention must be ...


5

I concur with vallismortis's answer, but here are my views since I am a software / firmware developer too. What I have learnt over the years is not to go out looking for in your words "possible patent infringements" that "are buried in these hundred thousands lines of code." (search for "willful infringement" to understand my practice). Here are three ...


5

This involves two separate questions. Of course, the short answer to both is to discuss this with a patent attorney. But in any case… How can I protest this patent? This is still a patent application. It is not yet a patent which can be enforced, and may never become one. Only time will tell. If you have published the details of your system before the ...


4

I think you've hit on a good point for those considering pursuing patents. Before investing large sums of money on patenting, it is important to figure out how you will identify infringement. Often, product data sheets, technical specifications, user guides, administrator guides, white papers, case studies and/or other technical and marketing literature are ...


4

Prior art: Microsoft's Stack Semantics for Reference types, first reference in VS2005 http://msdn.microsoft.com/en-us/library/ms177191(v=vs.80).aspx When you create an instance of a reference type using stack semantics, the compiler does internally create the instance on the garbage collected heap (using gcnew). When the signature or return type of a ...


4

The figures have nothing to do with the claimed scope of the invention. Moreover, the figure with the gnome logo is explicitly labelled prior art (Fig. 1C). If you would like to address novelty, discuss the independent claim. As always with these types of discussions, it is enormously helpful to understand the absolute basics of how to read a patent. Claim ...


4

If the software you license under the GPLv3 (or any artistic/creative commons license) can be discovered as prior art for an undisclosed invention, then it will absolutely prevent you from obtaining a patent. Your first action should be to get your priority date: file a provisional patent and supply important parts of the source code in that, along with the ...


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

If you are afraid "anyone could look it up" - IMO you are better off treating it as a trade secret - please check this link for details http://www.wipo.int/sme/en/ip_business/trade_secrets/patent_trade.htm Also one other thing about "acquire a patent for a software algorithm" - in view of the recent Alice ruling , I would encourage you to consult a Patent ...


4

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 will have a proper yes or no answer. There is a website though that might help you decide whether the software you are going to create infringes ImageWare patent: ...


4

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 ...


4

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 reality is, unless high courts rule further on this, we're left with working it out as we go. Nevertheless, I'm feeling brave, so I'll give it a go. For ...


4

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 to prevent competitors from using your invention in Europe, then you'll need a European patent. Similarly for any other country you're interested in. The ...


4

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 somewhat well known patent 6,128,415 of Polaroid's - "Device profiles for use in a digital image processing system", that covers a data structure for a profile ...


4

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 ...


3

The patent system is essentially designed to encourage advancement in science and technology. The patent office expects the applicant of a patent to disclose information about the invention for which patent protection is sought, to an extent that a person with ordinary skill in the technology, to which the proposed invention relates, can use the provided ...


3

There is no formal requirement that a non-provisonal have the same scope of content as a provisional from which it gets priority benefit. However the reason to file a provisional application (no such thing as a provisional patent) is to establish that, on the date of filing, you had the invention in hand. Anything you later want to claim as your invention ...


3

Generally a software is protected under the copyright law. And a copyright protection is much simple rather than filing a patent. A copyright is automatically granted to creator of the software. But a copyright protection extends only to expressions, and not to ideas, procedures, methods of operation or mathematical concepts as such and if you want ...


3

As an update, you may want to consider the decisions in the following three recent (late 2014) court cases on the eligibility of "software" patents: Alice v. CLS Bank (Supreme Court) DDR Holdings v. Hotels.com (Federal Circuit) Ultramercial v. Hulu (Federal Circuit) There isn't a simple meaningful answer.


3

It's a complicated answer, but what's important to understand is that software-related inventions ARE indeed patentable in the U.S. The "how" of patenting software-related inventions has changed substantially in recent years and is still evolving, so it's critical to work with a patent attorney, especially for technology in this field. This post discusses ...


3

A patent specification is a techno-legal document based on which patent rights are decided. The patent document includes several section, which includes, title, abstract,specification, drawings and always one or more claims. Claims are the ones that defines the metes and bounds of an invention. In other words, claims define the scope of patent right. Claims ...


3

When reading a patent for innovation and non-obvious, you will need to read it with bias of the date it was filed -- that is you need to put your self in 2008 and look at whether the subject matter was innovative at that time. Things when successful are pretty quickly becoming accepted and "obvious", but that does not mean that they were obvious at the time ...


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