6
votes
Accepted
Repatenting someone else's dropped provisionals
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, ...
- 6,178
4
votes
Repatenting someone else's dropped provisionals
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#...
- 1,292
3
votes
Accepted
Full Scope Non-Obviousness?
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, ...
- 28.6k
3
votes
Is this patent limited to the usa or internationally?
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 ...
- 1,292
3
votes
Accepted
When exactly do you lose the provisionals priority?
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 ...
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3
votes
Accepted
Meaning of election and elected/nonelected species
Approximately correct - the species elected and not elected are typically sub-classes of categories of inventions to be claimed. This will encompass some embodiments in each grouping but your ...
- 28.6k
3
votes
Does the number of a feature play a role?
Since we all understand chairs, that example can be misleading. Yes, having more or fewer of some feature can make for a patentable claim. It can be tricky to write a claim for the fewer case. "A ...
- 28.6k
3
votes
Accepted
Including existing patents and non-patent prior art in a nonprovisional application
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 ...
- 469
2
votes
What is the current thinking about inclusion of a "Field of the Invention" section?
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 ...
- 761
2
votes
US patent application based on the contents of Chinese patent applications
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 ...
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2
votes
Accepted
Do US software patents hold in the EU and elsewhere in the world?
All patents are territorial. US patents only protect in the US. In principal, so long as you only do business outside the US, a US patent shouldn't stop you.
The cited document is a patent application....
- 10.9k
2
votes
Is this patent limited to the usa or internationally?
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 ...
- 10.9k
1
vote
Drawing not available and PDF not available
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 ...
- 10.9k
1
vote
filling US application to PCT
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 ...
- 28.6k
1
vote
If I have a patent in china, can I also apply for a US patent?
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 ...
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1
vote
Combination of dependent claims
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, ...
- 28.6k
1
vote
Accepted
Multiple references US vs EU
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 ...
- 6,178
1
vote
Does the number of a feature play a role?
In your example I'd say both 1 and 2 are not patentable since it would be obvious to someone skilled in making or designing chairs that you could make a chair with three or four legs. To be patentable ...
- 10.9k
1
vote
Can I sell in Canada a product patented United States?
To add to George White's answer, the cited US patent should expire in the US as of April 19, 2021. According to Google Patents, the Canadian application CA2444353C should it get approved would expire ...
- 10.9k
1
vote
Can I sell in Canada a product patented United States?
There is a corresponding Canadian application CA2444353A1 HAND-HELD FOOD PROCESSOR.
Patents are territorial and no "international license" of the U.S. patent would be relevant in Canada. The ...
- 28.6k
1
vote
How is a US patent linked to the non-us person's identity?
Regardless of location of the inventor the person’s name and city of residence are all that is listed in the form. Same form for everybody. By international treaty every patent office needs to treat ...
- 28.6k
1
vote
Accepted
Blog post explaining a patented algorithm
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 ...
1
vote
Is there (no) reciprocity in protection between the US and China?
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 ...
- 1,191
1
vote
I have patent applications for the same invention in different countries. Can I choose which application to use as priority for a PCT one?
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 ...
- 28.6k
1
vote
Accepted
Can I patent a process in US being from another country?
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 ...
- 28.6k
1
vote
If an individual had a role in "correcting" my mistakes/work, do they have rights to my idea(s)?
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 ...
- 10.9k
1
vote
What does it mean to 'recapture' information from a PCT application?
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 ...
- 1,292
1
vote
Accepted
Explanation if patent is granted or pending
The patent is granted and currently valid in the US.
If you see "B2" (for US patents) that means the patent has been granted on the relevant date but you have to check what is the status of it today. ...
- 1,292
1
vote
Accepted
Is there a patent litigation damages threshold for a legal case to be accepted?
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, ...
- 425
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