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6 votes
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Can the developer of a free software be sued for damages because of an accidental patent infringement?

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 ...
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5 votes

Is there a specified route to convert UK patents to US patents?

I suppose you mean that you have filed a patent application in UK (not granted yet) and want to seek protection in US as well. If such is the scenario, the reply is yes, there is a way out for a UK ...
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4 votes
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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 ...
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4 votes
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Why do people patent well-known ideas?

I think this question is based on a misunderstanding. I think this misunderstanding is based on two facts. Patent trolls do try to get broad patents on existing technology and then sue others. They ...
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4 votes

When do provisional rights arise for a PCT application?

Can retrospective damages can be sought in states designated by a PCT application before a national phase application is granted? It depends on the country, as this is not the subject of any ...
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4 votes
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IP Patent Biotech

As someone who has obtained patent while working for a company I think I can answer your questions. The standard work arrangement is that your work product is owned by the company. Thus any inventions ...
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4 votes

In an independent claim is there any advantage of stating all the critical antecedents up front rather than introducing them individually?

It's purely a stylistic difference, based on how the drafter thinks the claim would be most clearly described. Notably, there is no scope difference. The real benefit is to allow you to explain each ...
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4 votes

What's obvious when there really is no good prior art?

A similar Rovi/Tivo lawsuit against Netflix concluded with all patents ruled invalid under 101 (non-patentable subject matter). This decision was rendered based on an investigation of the patents ...
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3 votes
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In the attempt to address claim rejections, how much assistance can I get from the examiner who handled my application?

They certainly don't have to help you, but as far as I know they might. I heard that as an inventor without attorney calling an examiner ans asking nicely for some discussion can lead to good results. ...
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3 votes

Extracting a detail from specifications of one patent application to create a new patent application

Q. "Can it then be written up as a separate application?" A. Yes. Each of the two regular applications should claim priority to the provisional application which you have already filed. To do that, ...
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3 votes
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Keep application secret

If the invention is not disclosed in another patent application in another country or patent organization (EPO) that requires publication, then a request for nonpublication can be made AT THE TIME OF ...
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3 votes
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Finding prior art rejects an independent claim

A dependent claim is ALWAYS valid when its independent claim is valid. However, if an independent claim is invalidated, that DOES NOT ALWAYS necessarily mean that dependent claim is also invalid. ...
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2 votes
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Provisional patent registration in US for SA resident

The process for filing a provisional patent application is described on the USPTO website; it is basically just a complete and precise write up of the invention without any claims. The final patent ...
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2 votes

Frank W. Jandl Engineer

Camila, doing an inventor search on the USPTO website, I found Frank W. Jandl listed as a co-inventor on US Patent No. 4,110,977. You can download a copy of the patent in PDF form here.
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  • 599
2 votes

What subsequent patents reference this patent?

Currently No patent cite this patent as reference. below is quick method to check forward citations:-
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  • 2,115
2 votes

Is this patent valid in USA or Australia?

Patents are territorial rights and European patent will have no effect on US and Australia. Now based on patent family it can be said that no equivalent patent was filed in US or AU. Finding ...
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2 votes
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Is claiming priority with a different inventor essentially madness?

Consider the following scenario: Prov1 - Filed on 1 July 2016 NP1 - Filed on 1 June 2017, claiming priority to Prov1 NP2 - Filed on 1 July 2017, claiming priority to Prov1 Once NP1 is published, it is ...
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2 votes

Does a “Petition to Make Special Based on Age” (65+) type of Accelerated Examination still have the same 3/20 claims limitation?

The short answer is “no,” which is the answer I was hoping for. This was first confirmed in an answer written by a patent attorney (U.S. - CA) responding to my same question posted on quota.com. It ...
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2 votes

WIPO patent filing vs US patent?

The PCT application is not an application for a 'world patent'. But some basics first. If you file a patent application in any PCT-country, you have 12 months to file other applications in (the same ...
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2 votes

WIPO patent filing vs US patent?

The answer is money. The single WIPO/PCT application (that, itself, costs more than a U.S. application) just starts an application in 140 some countries. To actually proceed in each location costs ...
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2 votes
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Non-provisional application merely incorporating by reference provisional application?

Edited for below comments. MPEP 2163.07(b): Incorporation by Reference [R-11.2013] Instead of repeating some information contained in another document, an application may attempt to ...
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2 votes

What's obvious when there really is no good prior art?

Obviousness is not a subjective thing. Without prove of it's obviousness nothing is obvious. If an invention is new, meaning there are differences to a single piece of closest prior art, the entitiy ...
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2 votes

Does patent US20120072422A1 make it illegal for other companies to sell reference managing software that parses documents for placeholders?

The document you linked to is a patent application. The subsequent patent is US8676780B2. Claims on patents are often narrower than the associated application. You seem fixated on the title of the ...
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  • 9,607
2 votes
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Can I be sued for damages for patent infringement that are more than my actual profit?

Yes, The damages relate to the loss the patent owner sustained and have nothing to do with how much you made. As in another Q/A, you could give away the product for free and still be liable for ...
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2 votes

Is there a statute of limitation on software patents?

This answer relates to US infringement. Not exactly. One limitation on recovering damages goes the other way in time. 35 U.S. Code § 286 - Time limitation on damages US Code Notes Except as ...
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2 votes

If the 12 month window for PCT application is missed, is all opportunity lost for foreign patents?

It's correct that you cannot file a PCT application based on your US application anymore. However, reading for example art. 54 of the European Patent Convention (1) An invention shall be ...
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2 votes

Could i Patent something in the USA, not being USA citizen?

Yes, by international treaty, all counties need to treat non-residents no different from anyone else in the world. The U.S. has a method to filing electronically via a web site EFS Web. Anyone in the ...
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2 votes

Is it possible to proceed with patent application when prior art is found for 1, but not all, of the indipendent claims?

Absolutely, patent prosecution is a process. One may amend claim wording to narrow and avoid cited prior art, cancel some claims, or cancel all claims are submit a new set of claims. One may also ...
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2 votes
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Can a patent issued before Alice, but suspect of not meeting its standards now, be invalidated at the PTAB?

The process to invalidate a patent if the owner does not attempt to enforce it is an Inter Partes Review. They kill from 40%-70% of claims they encounter depending upon who’s method of analysis you ...
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2 votes

For how long does one have the right to say "patent pending" after submitting a provisional patent application in the United States?

There is a $500 per incident penalty for false patent marking. If a application is no longer pending then it would be a false marking to mark newly produced items with that mark. Of course you can ...
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