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11

The fundamental description of infringement is given in USC 35 section 271(a) as: "Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent."...


11

Unlike copyright, a patent is only valid in a country where it has been filed, accepted and registered. A US patent gives you an exclusive right to use your invention (including manufacturing a product using it and selling a product manufactured using it) in the US. It doesn't constrain someone who operates entirely outside the US. There are some groups of ...


9

Yes, it's called a statutory disclaimer: A patentee owning the whole or any sectional interest in a patent may disclaim any complete claim or claims in a patent. In like manner any patentee may disclaim or dedicate to the public the entire term, or any terminal part of the term, of the patent granted.


9

I'll go ahead and address 1) whether you can use other media that describe your invention like a patent, and 2) whether you can use other media to invalidate someone else's patent. Note that the law has changed to first-to-file effective March 16, 2013. Most of the below is a pre-F2F answer. However it is still a good answer for applications filed ...


7

According to http://www.uspto.gov/web/offices/ac/ido/oeip/taf/issuyear.htm: The current patent numbering system began with a patent issued on July 13, 1836. Prior to that date, 9,957 patents had been issued. These 9,957 patents before patent US1 include the first U.S. patent, which was numbered X1 or X000001. It was granted on July 31, 1790 to Samuel ...


7

Basically patents are territorial grants, that is to say a patent granted in the US is enforceable in the US and cannot be enforced in other countries. To answer your question US entities cannot enforce US software patents or for that matter any US patents in the UK. I am certain about this, but back-up and constructive criticism is welcome.


6

Your attorney will have to be admitted to practice before the USPTO (pass the patent bar) before he will be able to submit the patent on your behalf. Otherwise the US patent laws do not discriminate against foreign nationals filing on their own behalf. See generally: http://www.uspto.gov/web/offices/pac/doc/general/foreign.htm You can always hire a US ...


6

Maybe http://www.openinventionnetwork.com/ could help you with that ? From their website: Open Invention Network® is refining the intellectual property model so that important patents are openly shared in a collaborative environment. Patents owned by Open Invention Network® are available royalty-free to any company, institution or individual that agrees ...


6

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 the infringement, but in no event less than a reasonable royalty."[9] Lost profits that result from infringement of their patent are also compensable. Which by ...


5

One way to form a system claim is by saying it includes hardware and the hardware performs the following steps a), b) and c). The steps then look like the steps in a method claim. So a method claim can usually be turned into a system claim by putting "A system for doing X, the system comprising: a computing system including a processor configured to ...


5

If you look in http://portal.uspto.gov/external/portal/pair (enter the number without the "US" and "B1") as "Patented case" and the next fee payment window closes on 11/27/2013. The patent is valid. You will also be able to see that it had quite a stormy path to its acceptance which resulted in a certificate of correction. If the maintenance fee is paid, ...


5

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 patent application to be recognized in US. In order, to have a patent in US for the same invention (that was filed in UK) one has to file a patent application in ...


5

The usual way to have a patent recognized outside your home country¹ is to make a PCT application. A majority of countries are PCT members (Taiwan is the most notable exception). The PCT application must be made within 12 months of the original UK application (in the general case, there are exceptions). Usually, at this stage, you have a preliminary report ...


4

The SHIELD act legislation was a fee-shifting proposal that would have made it more likely that a patentee who loses its lawsuit would pay the attorney fees the victorious accused infringer. SHIELD Act. The current rule is that each side is responsible for its own attorney fees -- these fees are often more than $1 million for a standard patent case. A ...


4

The holder of a valid US patent has two forums in which to assert its patent rights: Federal District Court and the International Trade Commission (ITC). In either forum, the court must have jurisdiction to try the case. Generally speaking, a Federal District Court needs some "hook" to assert jurisdiction over a party. In the circumstances you describe, ...


4

Yes. 35 U.S.C § 103, known as the nonobviousness provision, provides that "[a] patent for a claimed invention may not be obtained . . . if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary ...


4

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 don't do that by patenting the prior art but by filing divisionals / continuations and fuzzy claims. Essentially they try to take an inventive idea and ...


4

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 reality is, unless high courts rule further on this, we're left with working it out as we go. Nevertheless, I'm feeling brave, so I'll give it a go. For ...


4

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 international treaty. I will therefore talk about the US, UK and Europe, as you referenced these in your question. US Yes. Provisional rights are defined by 35 USC § ...


4

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 element with proper antecedence. It's less obvious in your claims, but consider this example: A system comprising: a first device, configured to send a ...


4

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 the come about as a consequence of your employment is owned by the company. Some companies reward inventors with some compensation when patents are granted, ...


4

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 themselves, without prior art being a factor. See https://www.leagle.com/decision/infdco20150716881


3

The INPADOC database of patent family members lists this patent as having no family members other than its own publication and its provisional application. iNPADOC does not cover all countries but it does cover Europe. Therefore there is not a related, corresponding patent in Europe. Another way to check this is to do a search at the EPO under the inventor's ...


3

Tarik - A few months ago I made the following histogram of patent application pendency for US patent applications. The chart is discussed on my blog. Pendency Discussion on Patently-O. The basic answer is that the average pendency for an application is just over five years from the earliest priority filing and about 3 1/2 years if ignoring priority ...


3

The best way to look for the actual information on the status of a US patent or patent application is to access the US Patent and Trademark Office's public information portal (PAIR). After searching for the patent document, which can be done in a number of ways, e.g. bu application number, publication number, and the like, information about the status can be ...


3

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. However, the procedure for amending the independent claim by including limitations from the dependent claim(s), and the process of examining the patentability of ...


3

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, the regular applications must both be filed within one year of the provisional filing date. The inventors of the two regular applications are not necessarily ...


3

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. But it depends on the examiner and the interpersonal dynamics. My guess is that you could try asking what claim combinations the examiner thinks have a chance, ...


2

I don't think that anyone would need to worry about being extradited to the United States as a result of a patent infringement. Patent infringement is a civil matter not a criminal matter, and extradition is not available for civil matters. Reference: Extradition – A Guide for Expats


2

If you haven't yet filed a patent application, the most cost-effective way to accomplish your goal is a defensive publication. Very important: Make sure that you disclose enough information so that people of ordinary skill in the field of invention to which your invention pertains can make and use the invention without having to engage in an unreasonable ...


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