Atsby
  • Member for 6 years, 9 months
  • Last seen more than 6 years ago
How to handle uncooperative examiner
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4 votes

As a pro se inventor, my examiner seems to be taking advantage of my supposed ignorance. False. You are most likely not being singled out because you are a pro se applicant. Examiners are after “...

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When are "new embodiments" new embodiments and when are new inventions?
3 votes

However you are not sure the examiner is correct. Examiners decisions are frequently overturned by the courts. Yes, Examiners can be wrong, but failure of an Examiner to issue a restriction ...

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Is it possible to obtain a patent on a technology I am already selling?
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3 votes

As far as I know, this scenario is not well-settled law in the U.S. Prior to the changes to patent law introduced by AIA, any patent would almost certainly have been invalid if secret commercial use ...

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Can I build a patented item (US 7,877,268) for personal use?
3 votes

I would like to make this item [...]. Is this legal? No. Even for personal use, it would be patent infringement. Are you sure, however, that your implementation would be doing everything in Claim 1? ...

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Will the GPLv3 prevent me to get a new patent?
3 votes

However, since this licence forces the developer to give away his/her patents related to the stack will the licence actually prevent me from applying for and getting a possible patent for an ...

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Is modifying number or merging patents considered adding new element?
3 votes

But will it be considered as adding new elements to the patents from the legal point of view? Nothing prevents an applicant from adding new matter over provisional applications in a new non-...

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Office-action rejection because of common electronic components? (i.e.: resistor, capacitor, MCU, etc)
3 votes

Is this a U.S. patent application? Will treat as such since you didn't specify otherwise. Please note that I am not a patent agent or attorney, so please treat my remarks as mere kibitzing, and not ...

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Want to leave my job, but have a patent pending for work I did while working at that corporation
3 votes

Will I still be able to (legally/ethically) claim that I have a patent on my resume? It's a bit ambiguous to use "have", as it might be interpreted to mean that you own the patent, which it sounds ...

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software features not patented
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3 votes

I have written software 10 years ago [...] It wasnt patented, but is there any retrospective claim I can make? Sorry, but, no, there is no legal claim you can make (at least under U.S. patent law). ...

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Can a sci-fi technology be submitted as prior art?
2 votes

That leads me to a question whether a fictious technology mentioned in a science fiction work, when described in sufficient technical detail, can ever be submitted as a valid prior art? Yes. If ...

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Can a government hold a patent?
2 votes

Is it legal for a government/company to own a patent? In the U.S., it is absolutely legal for a company to own and enforce a patent. Every invention must, of course, have inventors (which must be ...

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Do they regard the whole claims to reject a patent based on Prior Art or only independent claims?
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2 votes

Could they reject it because an equipment to detect X already exists (no matter if they use spoon in their dependent claims)? Yes, Claim 1 will be rejected if the examiner finds prior art showing ...

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Since when can you patent a drug class?
2 votes

The referenced patent claims a method of treatment, not the drug class itself (which is old and known). It's a classic example of a "new use" patent.

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How can I ensure that patents for software I create for my company are used in good faith?
2 votes

I want to be reassured that the patent will be used in "good faith" (they won't become a patent troll) or they won't sue competition just because they want to create a monopoly in the market....

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Any sort of fair use clause for software using methods years before they get patented?
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2 votes

In One creates a software [...] and Some years later, one does patent the same method of networking as something generic [...] is "one" the same person? And is the patent first submitted "some ...

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My old patented invention appears to be patented again
2 votes

Any claim that covers embodiments rendered obvious by the description of the previous patent is invalid. At first glance it appears that the newer patent adds a lot of constraints to the structure; ...

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There are several wrist tools, magnetic wrist tools, how will this get approved?
1 votes

I see 19 cited patents, will this get approved? Hopefully the main independent claim will not make it through unamended (see my analysis below). [Does] simply stating you can mix makeup on a flat ...

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Can I sell the original paperwork for a historically significant US patent?
1 votes

Might it be worth anything? It's probably not worth a whole lot. According to my searches, John W. Cuthbert is not notable enough to have a Wikipedia article about him, nor are his contributions to ...

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Claims - When is it a good idea to let the Patent Examiner make one for you?
1 votes

If the goal of a patent is to merely document the existence of some novelty without trying to claim the world while you are at it, can an examiner's claim speed the process along? If the patent ...

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Understanding divided infringement in method claims
1 votes

Divided infringement? I'm having a hard time seeing how these claims even fit into a statutory class. A method (or process) must comprise steps or acts to be carried out. "a customer sending an ...

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Do they regard the whole claims of my patent for detecting the patentability of others' application or only my independent claims?
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1 votes

Anyone should be able to obtain a patent for an invention they made that is novel and non-obvious (indeed, sometimes patents slip through that aren't novel or are obvious). Your patent disclosure's ...

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Would this qualify as prior art for US20150020824 A1?
1 votes

This is a really interesting issue. In fact, reading these posts, it appears some manufacturers may already have produced such e-liquid. If it can be demonstrated that a manufacturer definitely ...

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Recording a phone conversation about patentable things
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1 votes

How can I have early-stage conversations about probably patentable programming and practices without passing all the power of my premises to people who can purloin the possibilities with patents? It ...

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Does my product infringe on claim 1 of EP 2342386 A1?
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1 votes

The simple answer is that patents never infringe other patents. It is never patent infringement to file a patent, because filing a patent does not fall under the excludable rights of making, using or ...

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How strict are patent claims?
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1 votes

I am still unsure as to how strict patent claims are. If an accused product falls within the literal meaning of at least one of the patent's claims, then the patent is "literally" infringed. There ...

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Examples and guidance for algorithms and procedures
1 votes

Say for instance the first two steps is really the uniqueness of the procedure, the rest is mere mathematical calculation, do you have to give details of the mathematical calculation? This is a very ...

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Prior art on evaluating trust in a certification authority
1 votes

I think there are some gaps between what is shown in your publication and the application's Claim 1, though your publication is clearly not without some relevance to the field of the invention. Other ...

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How to ensure you are not infringing patents
1 votes

I checked patents related to Code Generators and I saw 4 or more entries that does similar things. So I'm curious why are these patents accepted, since there are others very similar. It depends how ...

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Office action response
1 votes

To what extent may you respond to an office action? You can traverse the Examiner's rejections, meaning arguing around them. Or you can amend the claims, usually to narrow the claimed invention and ...

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US 2013/0272429, a patent application on calculating three checksums instead of one
1 votes

Even if the obviousness of the basic idea is not enough to throw this out there should be plenty of prior art available [...] There is no such thing as "obviousness of the basic idea" in the absence ...

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