Hot answers tagged

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 ...


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

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 ...


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

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

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

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 message ...


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

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

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 FILING. The application will then not be published until such time as it may issue. 37 CFR 1.213 Nonpublication request. (a) If the invention disclosed in ...


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

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

Another option is avoiding the patents by using an alternative algorithm. I was going to suggest SURF as an alternative, but turns out it's patented as well! (Hmmm, BRB, have to go change some of my code... ;-)) An alternative that is ostensibly patent-free is BRISK, according to the last answer at this link: https://dsp.stackexchange.com/questions/1288/...


2

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 can only benefit from priority date of material which is clearly described in the provisional patent, so having a complete description is in your interest. ...


2

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 Patent Families Search patent number in http://worldwide.espacenet.com/?locale=en_EP Find your patent in result list and locate family member. An INPADOC ...


2

The Application Data tab for this patent on the Public Patent Application Information Retrieval (PAIR) site (http://portal.uspto.gov/pair/PublicPair) indicates "Patent Expired Due to NonPayment of Maintenance Fees Under 37 CFR 1.362"


2

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.


2

Currently No patent cite this patent as reference. below is quick method to check forward citations:-


2

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 was later confirmed to me in a phone call today with the USPTO. So, it appears the Accelerated Examination option, when accessed based on the age or medical ...


2

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 prior art as of 1 July 2016 (the filing date of Prov1). So if a claim of NP2 does not have a valid priority claim to Prov1, it must be novel/non-obvious over ...


2

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 more in fees and must be separately prosecuted by a patent attorney in each location, under the laws and rules of each location. The U.S. is a huge percent of ...


2

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 or) other PCT-countries claiming priority to the first application. You can do that in each country without the PCT application. However, this way you need to ...


2

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 incorporate the content of another document or part thereof by reference to the document in the text of the specification. The information incorporated is as much a part ...


2

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 alleging obviousness needs to find prove that the differentiating element was known and known or suspected to be combinable with the piece of prior art. Thats ...


2

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 patent. Patent titles are often fairly broad and generic. In order to know what this patent legally covers, one must review its claims. Here is the first claim. ...


2

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 damages. Infringing does not require intent so accidentally infringing is infringing.


2

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 otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim ...


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