Eric S
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  • Member for 5 years, 6 months
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How to protect an app whose functionality is not novel, but the GUI is
6 votes

Although design patents might be a good way to go, you may be able to gain some measure of protection for your gui with copyright. The pdf found here provides more information than I can provide in ...

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Private interest in IP for college project
5 votes

Let me preface this by saying I am not a lawyer. I do, however have quite a few patents. One very important thing to remember about obtaining patents is that public disclosure of your invention before ...

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Understanding how patents work
5 votes

In order to obtain a patent, your invention must demonstrate novelty, usefulness, and non-obviousness. Novelty means the invention is new and not known to the public. Useful means there must be some ...

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How to get an estimate for a application without revealing the idea?
4 votes

The standard approach is to execute a non-disclosure agreement with the potential consultant(s). I have many times requested quotations from consultants on projects containing proprietary technology ...

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Is the phrase "none or more" acceptable in a USPTO patent claim?
Accepted answer
4 votes

I hesitate to answer since I'm not a lawyer, but why don't you just have two dependent claims? Something like: Claim 2: The method of claim 1, wherein A comprises B. Claim 3: The method of ...

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I had invented and published before this patent application - How do I get it invalidated?
4 votes

As far as I can tell, the patent has only issued in the US. You can file a Post Grant Review within 9 months of the grant date of January 30, 2018. This article describes the options for challenging ...

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Order of Patent Inventors on a Patent Application
4 votes

So far as I know, DonQuiKong's answer is correct. For my patents, generally speaking, the lawyers usually listed the main inventor's name first, but it really doesn't matter. Certainly there is no ...

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IP Patent Biotech
Accepted answer
4 votes

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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What are the best prior art databases and search tools?
4 votes

In my corporate life I used paid services such as Micropatent and TotalPatent. Of the free patent search tools, I prefer The Lens over Google patents. The Lens provides more fine grained control and ...

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How do entrepreneurs determine if their idea is not infringing any patents
Accepted answer
4 votes

The typical approach is to perform a "freedom-to-operate" analysis. You can take a crack at this yourself using patent searching tools like Google Patents or my preference The Lens. Patent searching ...

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Why is this unworkable patent claim approved?
4 votes

There is no burden on the inventors to prove their invention actually works. This patent is a good example of a useless patent. The examiner is just looking for novelty and apparent utility. In any ...

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Two patents, same technology, same inventor, different dates?
4 votes

Few things are less informative than the titles of patents. In some cases this may be intentional in order to make prior art searches more difficult. If you look at the two patents, you'll see the ...

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Partial infringement of patent
3 votes

It all depends on the allowed claims. You won't know that until the patent gets granted (or not) as claims are often amended to achieve patentability. To infringe on a claim, you need to implement all ...

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Can ML applied on an existing idea be patented?
Accepted answer
3 votes

I am not a lawyer but here is my take. If someone has a patent with a claim covering steps A, B and C and you file a patent application for using steps A, B and C plus machine learning (ML), you might ...

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Is hiring a professional attorney/prosecutor after the first evaluation a good idea?
3 votes

George White's answer is excellent and should be accepted. I'd just like to add a bit since I'm an in inventor rather than an attorney or agent. Writing a draft of an application is an excellent way ...

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Understanding the claims in this machine learning patent application
Accepted answer
3 votes

The linked document is a WO application. It is not yet a patent and may or may not get granted. Even if it is eventually granted in one or more countries, it is likely the claims will be changed and ...

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Do you contact a lawyer when writing the description for the patent or you write it by watching other examples?
Accepted answer
3 votes

It isn't required to use a lawyer or agent to file a patent, but in my opinion you are almost always better off doing so. A patent is a legal document and has to be very carefully written to gain your ...

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Applying for a patent that is similar to a granted patent
3 votes

There are two different aspects of dealing with the existing patent. First is infringement. You infringe on a claim if you implement each and every aspect of the claim. Thus if a claim has steps 1 ...

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Can a patent owner add more claims by requesting re-examination?
Accepted answer
3 votes

I'm not a lawyer, and the facts of any particular case are determined by its specifics. Thus, you won't get a definitive answer here since you can't disclose your invention. That said, I have a few ...

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Is software developed in UK is patentable in US?
Accepted answer
3 votes

Where an invention is created has no impact at all on the ability to be patented in the US. Nor does the nationality of the inventor or company. Under the Paris Convention, all (177) member countries ...

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can I patent a patented invention in other countries before in The US now
3 votes

AD Adhikary's answer is correct and you would do well to accept it. However I feel the need to add my viewpoint. First and foremost. You cannot patent anything anywhere if you are not the inventor. ...

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Outcome of referencing earlier patents in your patent application
Accepted answer
3 votes

The document you linked is only an application. the associated US patent is US9513771B2. This patent is not assigned to Microsoft instead it is owned by WIXCOM Ltd. Whether or not you owe royalties ...

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Is there any reason not to use Powerpoint for Application Drawings?
3 votes

Of course you may use Powerpoint, but there are some decent reasons not to. First and foremost, Powerpoint simply isn't that good for drawing graphics (in my humble opinion), especially if you are ...

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What patents are IBM claiming Groupon infringed upon?
Accepted answer
3 votes

According to this article, the patents allegedly infringed upon are: US5,796,967, US5,961,601, US7,072,849 and US7,631,346.

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misinterpretation of key word by examiner
3 votes

I'm not a lawyer, but during the prosecution of one of my patents, the examiner was clearly misinterpreting some prior art. Sort of the equivalent of saying that a bicycle is the technical equivalent ...

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What is the relationship between a "patent number" and application and publication numbers?
3 votes

A patent application is filed - under an application number. The patent application is published - under a publication number. Both of those statements are true. The patent application is ...

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At what point do conversations become prior art?
3 votes

I'm not a lawyer, but my understanding is that something has to be publicly disclosed to be considered prior art. Conversations between colleagues within the same business is clearly not prior art. ...

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Is US6506148 a real patent
3 votes

It is a real patent in that it has been granted. That does not guarantee that the invention actually works. There is no burden to prove that a patented technology works before having a patent granted. ...

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How does this particular patent satisfy the tests of obviousness and novelty?
3 votes

Many if not most patents are improvements on existing technology. While US5005266 patents a particular method of self-locking carabiner, it by no means patents the general idea of self-locking ...

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Comixology patent vs. presenting comicbook panels sequentially
Accepted answer
3 votes

I believe the application cited has been granted as the US patent US9672585B1. The assignee is Amazon Technologies, Inc. Claims are often changed considerably between an application and subsequent ...

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