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7

The answer to this turns on 35 USC § 102(a), which reads: A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or (2) the claimed invention was described ...


5

Why does it puzzle you? If it is not available to the public, it is not prior art. I think relevant US provision is here (MPEP 901.02) https://www.uspto.gov/web/offices/pac/mpep/s901.html#ch900_d225b5_2caa7_e7 Notice that it only mentions printed or published provisionals OR provisionals that are publicly available because they ended up to normal filings, ...


4

The rule on this is quite tidily stated at MPEP § 211.05(I)(A) (which I hope will suffice as a legal reference of some nature): [F]or a claim in a later filed nonprovisional application to be entitled to the benefit of the filing date of the provisional application, the written description and drawing(s) (if any) of the provisional application must ...


4

Important to add that patents are territorial rights. Patents with No US-N,NNN,NNN are US patents with effect only to the US. JP is for Japan, CA is for Canada, etc etc When you see WO-YYYY-NNNNNN this is a patent application filed and published via the World Intellectual Property Organization (WIPO). They never mature to patents. They are only used as a ...


4

Your question is somewhat vague, so I will provide a somewhat vague answer: You must tell the patent office about any relevant references you know about. The best way to do this is in an information disclosure statement (IDS). You do not have to search for references, but it is to your advantage to do so. It's hard to write a good patent application if ...


3

I agree with Maca that, by definition, if any specific example that falls under the scope of a claim is obvious, the claim is obvious. Examiners do not need to find "full scope" obviousness, applicants need to have full scope non-obviousness. Some judges in district courts get a very small number of patent cases ever. Can you image a response to a 103 ...


3

Priority is governed by 35 USC §119(a). The important part for us is the beginning, which provides: An application for patent for an invention filed in this country by any person who has, or whose legal representatives or assigns have, previously regularly filed an application for a patent for the same invention in a foreign country … It then ends with a ...


3

Although I'm not a lawyer, I have tried to research this in relation to the UK. Other European countries may be different. I'd be interested if anyone knows if any of the following is incorrect. If a default judgement is issued by a US court it is not directly enforceable in the UK. The judgement may be a monetary award and/or an injunction preventing ...


2

I'm speaking as an inventor here, not a lawyer. There are generally several if not many people associated with a technology that spawns a patent. The question of whether one of those people is considered an inventor goes directly to the claims. Did that person contribute the essential inventive step in at least one claim? If not, then they aren't the ...


2

A CRM claim is also called a Beauregard claim after the 1995 case that established it as an allowed approach to organizing a claim. The goal is to make a CD (for example) siting on a shelf an infringing article of manufacture. A method claim requires execution of steps, a system claim requires hardware but a CRM claim is infringed by the media with bits on ...


2

This answer is not intended to constitute advice (I'm an inventor, not a patent attorney;) but rather provide perspective, based on my recent software patent application, filed in 2016. In drafting the non-provisional, I engaged a patent attorney who specializes in my sub-field. The draft was reviewed by two advisory patent attorneys, one in tech and one ...


2

It depends. Phrasing this as if your invention were a thing, most patent claims are made of of existing "parts". How the parts are arranged and coupled relative to each other to function is usually what makes something novel and non-obvious. This is also true for a process. You could have an obvious arrangement of old steps or you could have a non-obvious ...


2

One option is to file provisional in the US the same day as the nonprovisional with the claims exactly as you plan to have them in rest of the world and use it for priority. Since it is not examined, there are no claims-specific fees. Another approach is to add pseudo claims in the description. I have seen lists of "Aspects of the Invention" written like ...


2

In the US, there is an extremely punitive fee of USD 820 for each multiple dependent claim. Moreover, since the US isn't so strict with added matter arising from combining claims independent of each other, there is not a huge benefit in multiple dependencies anyway. In contrast, the EPO doesn't charge for multiple dependent claims, but does generally ...


2

This is a US patent. The hint is the first two letters being "US". US patents only cover products made or sold in the US. Often US patents will have international equivalents. In Google Patents you often see a link for "Also published as" where you will find other patents and applications associated with the invention. I prefer The Lens for patent searching. ...


2

No. Under the Paris Convention you can only claim priority to the first filed application. The exception to this is if the first application is abandoned without being published and was never used in a priority claim, then the second application in that same country can be used for priority. Article 4 is very clear. Article 4 C (4) A subsequent ...


2

You need to look at whether you are simply describing how the patent functions or whether you are actually infringing the patent itself. You said you want to reproduce it in code - would that infringe a single independent claim of the patent? If so you are very likely infringing the exclusive rights granted to the patentee. However, some jurisdictions have ...


1

As patents are granted by national or regional patent offices, the patents are therefore only useful for protecting an invention in the country in which that patent is granted. In other words, patent is territorial in nature it doesn't provide global rights. What is the gripe that the current US administration has with the Chinese patent system? China ...


1

The QPIDS is not a "requirement", it is a way of avoiding filing a petition to withdraw from issue and then file an RCE, because the duty of disclosure is still in force, as noted. Such a petition requires that you identify a defect in the application. Who wants to do that? The idea behind the QPIDS is that you have art you want the Examiner to consider (...


1

Regarding just the mechanics - the PCT is more strict on following drawing rules and they require the PDFs in an A4 size. They will usually let you/make you fix these things later if it is clear no new matter is being added.


1

If you have 5 years left, that implies that the application date of your Chinese patent was 15 years ago. In that case, you are too late to obtain another patent for the same invention in another country. This needs to be done within 12 months of the first filing date (the priority date if priority is claimed, the filing date otherwise).


1

Google provides two portals for viewing patents. The one you used (www.google.com/patents) frequently has problems displaying figures. The better Google site is patents.google.com. Here is a link to US20150244345 on patents.google.com. You will find both figures an a downloadable pdf. In my opinion, an even better site for searching and viewing patents is ...


1

It is true that if someone makes a contribution to your invention and that contribution is an inventive step and leads to a claim he should be cited as a co-inventor, it still does not however necessarily mean he is entitled to any rights to the resulting patent. One must distinguish between inventorship of the invention and ownership of the patent. If one ...


1

I am not a US expert so I hope someone else will pop-in as well to add more info. But in a nutshell, there is a linkage between the date you disclose something and the disclosure itself and it is called "priority date". It seems that your attorney wants to ensure you get the maximum opportunities as possible and include this added feature to the PCT ...


1

No. There is no threshold. For example, a patent case can even be accepted if requested damages are $0, but the plaintiff simply requests that the alleged infringer stops making, using, sell, offering to sell, OR importing into the United States. Jurisdiction is likely Federal which is applied the same in all states. Talk with a patent litigation attorney ...


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