5
While any single granted patent is granted in a specific jurisdiction and only enforceable there, the applicant may very well have filed duplicate applications in any number of other countries.
EDIT
Not every patent document is an issued patent. If the number has an "A" at the end it is an application. If it ends in a "B" that indicates an issued patent. ...
3
Related to this is the concept that the inventor does not need to know, correctly, why something works. If a combination of A and B is great at taking rust off a rusty screw driver and the inventor has no idea, or an erroneous idea, about the chemical mechanism, it is still patentable. Diamond Rubber vs Consolidated Rubber
Nor does it detract from its ...
3
Is a patent or patent application with a clear error valid?
It depends. If a person skilled in the art is able to put to practice the claimed invention, it is enabled. If not, it is not valid.
The person skilled in the art will use their knowledge about science etc. to try to overcome any errors if possible.
Only the invention in the claims has to be ...
3
NO
You are correct to question your understanding of patents if you thought it was a government stamp of approval. The patent office does not do its own research and testing on patents. Unless something is claimed to be a perpetual motion machine the scientific feasibility is not questioned. Patents are examined for novelty and obviousness. There is a ...
2
I have to admit, I'm extremely unclear on what you're asking here. But there are certainly no issues with someone using a patent that they are granted. In fact, in a majority of cases that's really the purpose of patents. Not all, mind you, but that's what I'd probably describe as the "purest use" of the patent system.
I did a quick (admittedly, very quick) ...
2
Go to espacenet (that's the site of the European patent office). Enter the US patent number, go to the family tab, check if there is a German or European patent or patent application there. Follow all EP or DE patents and check if they are valid.
For EP patents you can then go to the dpma or dpma register, enter the EP number and check if it is valid in ...
2
In the US case, I would also like to add that reverse doctrine of equivalents (DOE) may apply as implicit claim scope limitation. Reverse DOE essentially says literally infringing structure may not infringe if it does not satisfy all of the traditional function-way-result requirements. E.g., see the wikipedia article.
This would apply to the previous ...
2
Are such broad claims invalid when an unenabled/non-writtenly-described embodiment is identified?
Yes.
The written description requirements in the US and EPO require that the invention must be enabled or sufficient described (respectively) across the whole of its scope.
The USPTO sets this out reasonably clearly at MPEP § 2164.02:
For a claimed genus, ...
2
Short version: yes.
Long version:
I think there is an important lesson here. When you file a patent for an apparatus, you put it "out there". So if you did not describe a particular use well enough to draft a method claim on it, a competitor may be able to do so. And even though you invented the original apparatus, you will still need to pay the competitor ...
2
A patent must cover something that is "useful" and the patent must disclose how to make and use the invention, usefully. However, if the claims all define the structure of an apparatus, that apparatus is what is covered. Use it to stir soup or to hit a golf ball; only the inventor can authorize one to make, sell, offer for sale, import or use the apparatus, ...
1
To avoid infringement, you need to implement each and every element in any single claim. Thus if a claim has elements A, B, C and D and your product only implements A, B and C, then you don't infringe on that claim since you don't use D. However if your product uses A, B, C, D and E, you do infringe as you implement each and every element of the claim. ...
1
Your quoted sentence is from the "Technical Field" section of the patent. This only describes the general application area of the invention. In no way does it suggest or imply that the patent covers all aspects of transferring digital images via wireless transmission.
A patent's specific coverage is defined by its claims. In specific, here is the first ...
1
If you follow the link to the google patents page for this application you will see a box on the right that includes a "non-patent citation" link. If you go there you will see that there are seven references listed, three references are -
MONTEFORTE, M. ET AL.: "Condiciones para el desarrollo de granjas perleras y producción de perlas: estado del arte, ...
1
Almost identical in most cases means that one is an improvement of the other, which is patentable.
Both patent applications you have cited have later been granted (for the difference between application and grant see for example here).
The difference, as you said, seems to be:
entry to the lower chamber being by means of door means, the device further ...
1
Read this answer:
https://patents.stackexchange.com/a/17059/18033
to find out how long the patent is valid. If you have questions about the status of the patent, go here
Is this patent valid? Granted? Which countries does it cover? Are there family members?.
Those linked questions and answers provide you with a way to find out. To check if what you find ...
1
Your question is too broad to be answered sufficiently. Please break down the question to specific issues that can be answered.
The first sentence of your question needs to be approached carefully. Most inventions (and hence most patents) are improvement upon others. So it's possible for anyone or any media to question the merit of any patent by its "degree ...
1
I only quickly reviewed the patents. The applications you cited are now issued patents: US9087048B2, US9015037B2, US9176957B2. They seem to be specifically aimed at automatic fact checking of posted or broadcast information. I would gather to reduce the amount of fake news. Read the claims of the linked documents and if you still think they are too broad, ...
1
You can use one of several search tools. One that I like is Espacenet run by the European Patent Office. I provided the application number (not the publication number) and this is the URL to get to the results.
http://worldwide.espacenet.com/searchResults?ST=singleline&locale=en_EP&submitted=true&DB=&query=DE19883828825
Selecting INPADOC ...
1
According to European Patent Register Said Patent application is deemed to be withdrawn in 2011.
1
This is a design patent. Unlike utility patents (what you normally think of as a patent) design patents are not related to functionality but just to the esthetic design. As you can see, the examiner looked at a few dozen similar looking chairs, including the 1963 Polyprop chair. Whatever differentiates the this design from the Polyprop, Eames, Alvar Alalto, ...
1
This does vary from state-to-state. I believe that in most states the invention "belongs" to the employer if you signed that away when first hired or if you were hired to invent or assigned to come up with this particular thing.
Even in cases where there is no agreement and you were not hired to invent, if you did it on the company's time and/or equipment, ...
1
In situations where priority is claimed to a document having different text, priority is determined on a claim-by-claim basis. That is, different claims of a CIP patent may have different priority dates, depending on when the corresponding subject matter was introduced.
So you have to go through one claim at a time, for example:
claim 1: contains some ...
1
Patents are only valid in the country that issues the patent. There are no international patents.
So, a US patent is only valid in the US. Likewise, a Japanese patent is only valid in Japan. Same with a German patent or a French patent or whatever.
To see what country issued the patent, check the front page of the patent. Typically the top of the front ...
1
A patent can be challenged in an ex party re-examination or an inter partes review at the USPTO. They are expensive procedures. In this case you are concerned about a difference between a product and its description in a patent. That would not be grounds for challenging the patent. A patent owner has no obligation to make a product that matches any ...
1
Two references and some opinion.
I do not think the issue is confined to software. Claim wording that is broad can make a patent strong, but so can claims that are specific and clear.
For a claim, whether hardware or software or mechanical, to be broad it generally must be expressed in an abstract way. A mechanical claim might say something is "an ...
1
At the very bottom of the page you have linked to at google patents it says it expired in 2000 due to non-payment of maintanance fees.
1
Sounds like a question from the new patent bar exam that will be out soon! Pre AIA F-t-F, anything outside the US had to be a publication or patent in order to be deemed prior art. The phrase in the law "or known in this country" let public knowledge in the U.S. be prior art even if not published. There was also sold or offered for sale - all only in the US. ...
Only top voted, non community-wiki answers of a minimum length are eligible
Related Tags
validity × 29patentability × 5
patent-infringement × 3
prior-art × 3
prior-art-request × 2patent-lifetime × 2
infringement × 2
invalidation × 2
software × 1
patent-applications × 1
novelty × 1
patent-services × 1
inventorship × 1
priority × 1
european × 1
process × 1
expired-patent × 1
utility × 1
legal-status × 1
litigation × 1
terminology × 1
description × 1
scope × 1
date × 1
priority-date × 1
