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An app might be protected by copyright and/or by patent as well as trademark. This site focuses only on patents; you might get good information at law.stackexchange.com on copyrights and trademarks. Patents are territorial - they give the owner the right to try to stop anyone from making, selling, offering for sale, importing, or using the patented ...


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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 infringement to violate any one claim? To infringe on an existing patent, it is only required that you infringe on a single claim. Please understand that with ...


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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 patentablity analysis. Something in a journal article of an unclaimed part of a patent or a published patent application might be relevant. As you say it must be ...


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Some patent practitioners advise filing third party preissuance submissions. However, many others will advise that you hold the prior art and do not interfere with the pending application. If you submit the prior art that you know, there is a high likelihood that the examiner will not use it in a rejection. Therefore, it would have no effect to force the ...


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In January 2019 the Director of the USPTO issued new guidance to the examining corps that caused them to be much less strict on giving 101 rejections. The 3620, 3680, and 3690 art units, which examine business methods, are still very strict due to the nature of the subject matter (Alice was about a business method). Many patent applicants were happy with the ...


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Others have mentioned design patents and copyright. Those are worth considering. Remember that your published work is automatically protected by copyright, but registering the copyright simplifies any litigation and in some circumstances may increase your damages. If you’re considering a patent, remember that the cost of actually obtaining the patent is a ...


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There isn't a direct way to do this through an API. What you'll want to do is develop a crawler, either local (e.g., automate IE or Selenium) or cloud-based. As Private PAIR access requires passing 2-factor authentication from the uspto.gov website, you'll need to build that authentication process into your framework. As a result, you'll need to wait for ...


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The classification systems can be confusing. In the U.S., besides the old USPC, we now have the CPC which is based on a more international system. Somewhat analogous to imperial units vs metric. The CPc is a result of work between the EPO and the USPTO that starts with the ECLA and adds many sub-classifications to be as fine grained as the U.S. system. The ...


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Inventorship isn't like authorship where all significant contributors are listed. To be considered an inventor you need to provide a conceptual contribution to at least one claim. So the question is looking at each claim did any of the old members contribute the the concept contained in that claim. If so, the person should be added as an inventor on the ...


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