Eric S
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  • Member for 5 years, 6 months
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Stolen Patent and product
2 votes

Since the question is vague as to particulars (such as the application number), I'll try to answer generally. A patent application by itself provides no legal protection from someone implementing the ...

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Options for commercializing a concept already covered by patent?
2 votes

It would be best if you could provide the actual patent number. Many people confuse patent applications from actual patents. Applications may or may not get issued, and the claims are almost always ...

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Can patent owner sue if a product is made, but never sold (only rented out)?
2 votes

I am not a lawyer so this answer isn't based on direct legal knowledge. That said, I would be very surprised if the patent owner couldn't successfully sue anyone using the patented technology whether ...

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Is it possible for patents to have trade secrets?
2 votes

Based on feedback, i'm editing my answer. You are obligated to disclose your invention's best embodiment in the patent application. Thus if A isn't really sufficient without B I'm guessing you ...

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Would the demonstration of an invention be considered public disclosure
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This is tricky. If your demonstration doesn't disclose any information about how the invention actually works then you might be okay. The important point is to avoid disclosing anything that might end ...

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can a math formula or math algorithm be patented?
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2 votes

You can't patent a mathematical algorithm by itself. It would be deemed "abstract". What you might be able to do is patent the use of an algorithm as applied to a specific task. I have a couple of ...

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How to protect my idea/prototype at little or no cost?
2 votes

I do work with startup companies. One way they handle this sort of thing is to keep the invention secret while attempting to obtain funding. To do this, you have to execute confidentiality agreements ...

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Patent drawings for software
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2 votes

I'm not a patent lawyer and don't have much experience with provisional patent applications, but I do have quite a few patents some of which are software related. I'm going to try to answer your ...

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Does obtaining a timestamp for a description affect future attempts to patent it?
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2 votes

Prior to 1995, it was normal practice to get potentially patentable ideas witnessed, signed and dated. This was what we did at my job. This was because in the US the USPTO used to have a first to ...

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Does notarizing the document of a description invalidate any future attempt to patent it?
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2 votes

I am not a lawyer, so my answer is quite possibly wrong. That said, I have had documents notarized and in every case, the notary was only verifying that I willingly signed the document and know what I'...

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infringing on a patented "tangible" algorithm?
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2 votes

First off, I am not a lawyer. However, I am an inventor with a couple of algorithm based patents. This is a moving target and the rules may have changed since I obtained my patents. My understanding ...

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Patentability of a specific method of web content filtering
2 votes

Like any patent, one has to study the claims to know what is protected by the patent. In the case of the linked Israeli patent, I can't read the patent so there is no way to comment on the claims. ...

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How to qualify for micro entity status
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2 votes

Let me preface this by saying I am not a lawyer. Looking at this link to the requirements for small and micro-entity status shows two ways to qualify for micro-entity status. Micro entity: There ...

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Can a patent be granted if the idea infringes?
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2 votes

Is it a reasonable assumption that patents aren't granted if they infringe on prior patents? No, you can definitely receive a patent for an improvement of an existing patented technology. This is ...

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Where is the line between hardware and software?
2 votes

In addition to RishiM_IPR's excellent answer, I'd like to point out that any device from the 1980s would have had it's patents expire by now. Patents from that era expired 17 years from the issue date....

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Have patent trolls ever gone after an individual?
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2 votes

Is it legal to assert a patent against an individual who has no "registered" business entity? I'm not a lawyer, but I believe you are just as open to a infringement suit if you are an individual as ...

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What patent attorney did james dyson use on his bagless vaccum patent?
2 votes

US patents at least provide the attorney's name right on the front page. I found US4593429A which I think is the US version of the patent you are referring to. You can see from there that the "...

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Idea for Software - Should I file Patent first
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2 votes

Unfortunately there is no way for me to tell you if your idea is patentable. To do so would required disclosure of the idea and you can't do that publicly without losing the ability to patent. What I ...

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Am I an inventor if I created the prediction model the product relies on?
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2 votes

I am not a lawyer, but I do have quite a few patents to my credit. My test is this: is there at least one claim where the novelty is based on your contribution. So look at the claims. Is one of them ...

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Are "patent-claims" and "elements of a claim" defined in the law?
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2 votes

As I understand it to violate a patent it is enough to violate any one of its claims. Right? This is correct. Then to violate a single claim does it mean you have to violate all "elements" of the ...

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How does ClickMeter operate without infringing on Omniture's patent?
2 votes

What is protected by a patent is defined by its claims. Long and complicated claims are considered "narrower" than short claims because you need to implement each and every step of a claim to infringe ...

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Hello dear community, I am a third party seller on Amazon, and I received an infringement complaint stating my product infringes on a design patent
2 votes

Design patents cover the ornamental design of functional objects. This page describes what a design patent is and compares them to utility patents. What is covered is described in the patents drawings....

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Old family patents
2 votes

DonQuiKong’s answer is correct. In addition, I’d like to point out that all of the patents were assigned to companies which means that although your grandfather was listed as an inventor, he didn’t “...

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I'm writing a provisional patent application for my app, and I have a couple of questions
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2 votes

Let me preface this by saying I am not a lawyer, but I am an inventor with several patents including algorithm based patents. As always, I highly recommend you work with an actual patent attorney. ...

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US 20160206031 A1 is a patent that states its the only patent of its kind? Is this true?
2 votes

Patent US3516422 likely expired in 1987. Anyone can practice exactly what is disclosed in that patent. However, there is no guarantee there aren't other more recent patents that also may relate to a ...

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Can a common software slider input be patented if its specific function is appended in the patent request?
2 votes

The document you cited is only a patent application. It may or may not ever become a patent. Even if it does get granted, it is very likely the claims will become narrowed. That said, the first claim (...

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Does patent US20120072422A1 make it illegal for other companies to sell reference managing software that parses documents for placeholders?
2 votes

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 ...

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How broad are patents?
2 votes

A patent is as broad as its allowed claims are. In your example, if a patent gets a claim for "devices that put mail in mailboxes". Then if someone figures out a different implementation they still ...

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Overly broad claim
2 votes

This is a patent application, not yet a patent. It may or may not get granted. Even if it is granted, it is very likely the claims will be significantly narrowed. As to the first claim, it is ...

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Can anyone tell where it is possible to check status and validity of an official design patent?
2 votes

The best site to check a US patent's status is the US Public Pair. Pair is extremely picky with respect to specifying the document to be searched. In this case, get past the CAPTCHA and then select "...

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