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 case…
How can I protest this patent?
This is still a patent application. ...
- 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 ...
- 10.9k
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 ...
- 186
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 ...
- 28.7k
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 ...
- 28.7k
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 (...
- 186
3
votes
Accepted
software method claim could be rephrased a generic business method
Seems like your patent is rejected based on Alice decision. You can still overcome the rejection and get your patent filed. I recently read a case scenario where an inventor's patent was rejected by ...
- 44
3
votes
Accepted
Why to reveal (software) methods through a patent?
If you have the money to enforce it, a patent allows you to block other people from making, using, or selling your invention without getting a license from you. Revealing your invention is a ...
- 491
3
votes
Is Software Patentable?
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 ...
- 425
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 ...
- 297
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 ...
- 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 ...
- 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 ...
- 28.7k
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 ...
- 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 ...
- 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 ...
- 28.7k
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 ...
- 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 ...
- 2,274
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 ...
- 28.7k
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 ...
- 10.9k
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.
- 28.7k
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 ...
- 326
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
...
- 21
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 ...
2
votes
US 7,356,606 – this patent must be invalid
I realize this is getting a bit old, but ...
http://www.ietf.org/rfc/rfc3106.txt -- (C) 2001 -- defines the Electronic Commerce Modeling Language (ECML) which references an XML version in section 2.3;...
- 31
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 ...
- 121
2
votes
Accepted
In the USA, is it legal to perform an algorithm described in a software patent on pencil and paper?
No. If a patent claim was so broad that manually performing the claimed algorithm by hand would infringe it, the patent claim would be invalid (and so could not be enforced).
This is reasonably clear ...
- 6,178
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