Eric S
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Can specialization of a prior art be patented?
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To be patentable an invention needs to be useful, novel and non-obvious. It might be hard to convince a patent examiner of novelty and non-obviousness if you just tweak an existing device. Even if you ...

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Who is the inventor in an invention composed of several already existing sub-devices?
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I an an inventor, not a lawyer, so this is my best understanding. The specific criteria is whether you identify at least one claim which wouldn't have been there without your contribution. Ideally you ...

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During patent application submission, which case is correct for approval?
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I'm not an attorney, but generally you submit drawings that illustrate just the specific mechanism involved in the invention with enough context to explain how it works. Ordinary elements like motors ...

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What is the purpose of the composition the patent office sends
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You don't state your country, but the general rule is that prior art anywhere in the world is prior art everywhere in the world. Thus you can't just patent in your country an invention found in any ...

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If I patent my idea for an APP, can I then sell it to people with the resources to implement it?
2 votes

As the Europeist stated in a comment, ideas really aren't patentable, inventions are. The difference is that an invention describes how the idea is implemented. A silly example would be that someone ...

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Best places to record ideas as prior art to avoid later patents (UK/US)
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One option targeted to the IT industry is Prior Art Archive. This article suggests it is being developed in concert with the USPTO. From their About page: Low quality patents waste money. US ...

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any other patents involving baseball caps for pigtails?
2 votes

Performing a thorough patent search is a significant effort. Some people make a career of it. I think you should try to do it yourself first and then ask for help if you get stuck. Even though I don't ...

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Can I sell a patented product as licensee in a country that the patent is not registered?
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If you manufacture in a country that has a granted patent covering the product, it doesn’t matter where you sell the product. The patent still is in force and you would need to abide by your license.

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How can I estimate the level of freedom to operate?
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2 votes

To infringe on a patent you must implement each and every step in at least one claim. So, in the scenario provided, if a claim includes a specific material and you don't use that material, you don't ...

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Enforcing production process patents
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Let me preface this by saying I am not a lawyer. I know even less about court proceedings. That said, if you suspect a competitor is using your patented process, I think what you do is you sue them. ...

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Hi there, looking for prior art searchers who would be open to try a new non-commercial prior art search tool and share their feedback!
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My initial impression is that the tool is not at present very useful. The main issue I see is that previous queries seem to affect future queries. For instance look at this result: It is pretty clear ...

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Minimum number of figures for design patent
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To complement George White's excellent answer, I'd like to focus on the following phrase in the USPTO guidance: The drawings or photographs should contain a sufficient number of views to completely ...

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Does a patent belong to you if you do the research?
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2 votes

You ask about ownership, but really there are two questions. Who is the patent's owner and who are the patent's inventors. Inventors are very often not the owners. When you work for a company, the ...

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Can i use scraps of other products to use as raw material
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Generally I'd imagine there is no particular reason from a patent standpoint why you couldn't make use of other products. In particular, I've seen artwork made from welding together scrap farm ...

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Is possible to patent a trading algorithm (indicator)
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As George White stated with the same question on the Law SE site, it is very tricky to get an algorithm based patent. To get one with any real protection probably requires an accomplished patent ...

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How to find if my idea for a machine that I have created, worths patenting it?
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2 votes

It is actually a very hard question. It is also probably off topic as it is really a business question rather than a patent question. Regardless, I'll give you a few thoughts. First, your machine may ...

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Should a patent claim (all) possible applications?
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2 votes

I'm not a lawyer, but here is my take. A patent only protects what is in the claims. If you don't claim it, you don't own it. Thus, it is usually a good idea to attempt to claim useful permutations of ...

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‘Preferred embodiment’ containing salient details
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2 votes

What is protected is what is described in the claims. Nothing more, nothing less. While the rest of the patent describes the background, the invention and how it works, only what is in the claims ...

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When is my next patent maintenance fee due?
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You can find this out on the US Public Pair site. According to Pair, your next fee first day to pay date is 11/16/2021. The surcharge date is 05/17/2022 and your last day to pay date is 11/16/2022.

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Would I be infringing on a patent with a accessory for the patented design?
2 votes

I can't give you specific legal advice because I'm not a lawyer and because I do not know the specifics of the situation. Just because someone has a product does not mean it is patented. Foosball ...

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Granted patent found to be unfeasible
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What happens if a granted patent is found to be unfeasible? I am not a lawyer so I'm not an expert in this. However, what I believe happens is basically nothing. The patent grant continues to exist. ...

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Are patents WO2015191648A1 and US20190365145A1 valid? Another older patent covers claims 1 - 4. What to do in such a case?
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First thing to point out, neither WO2015191648A1 nor US20190365145A1 are patents. Both are applications. Applications get reviewed by patent offices and only if they are deemed sufficiently new and ...

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If my previous company sells its patents am I obliged to assist the acquirer with new patent filings?
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I suppose it is possible the employment agreement you had with your former employer had some commitment that extended beyond your tenure. You should know of this or else demand the new company ...

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What's the criteria for you to get a patent on an improvement?
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Although George White's answer is excellent, I wanted to explicitly answer your last question. Also, in order to not infringe the patent, should the new method not violate all claims, or is it an ...

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Changing aspect/step of system/method of patent claim to avoid infringing upon patent
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2 votes

Similar questions abound on this site. For the first question: For a random example, imagine that a technology/device patent claim for generating some image provides a method consisting of 5 ...

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Patent abstract: should I aim for generality or concretion?
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I writing this as an inventor who worked for a large company rather than a patent attorney. I've worked with several patent lawyers to draft and file patent applications. In general, the process is to ...

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I want to know if I can patent such algorithm?
2 votes

I agree with George White. I have several algorithm based patents. In all cases, they patent the application of a novel algorithm to solving a very specific problem (analysis of real time PCR results)....

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what needs to be patented in a new type of mechanical devise?How many different or only one?
2 votes

One thing that is important is whether there is one invention or several. In theory there should only be one invention per patent (although there can be several implementations). It's expensive to get ...

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If I buy property where patented fruit is already growing, can I sell the fruit?
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I don't actually know whether you can legally sell your fruit. I'm not a lawyer. This might be better posted on the Law SE site. The question might be whether when original plants were purchased they ...

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Patent D698,996 S
2 votes

This site is not the inventor of the cited design patent. The inventor on design patent D698,996 is Noam Krasniansky of Los Angeles, CA. If you have been contacted regarding patent infringement then ...

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