Questions tagged [patents]

A patent is a right granted by a government entity for [intellectual-property] (IP), which excludes others from using that IP. Use this tag when asking specifically about patentability or patented matters.

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Can an abstract idea constitute prior art in a patent case?

I own a patent on a text search and retrieval method. The examiner had cited a nebulous concept as prior art, but my attorney was able to discard that, and the patent was issued. I'm now concerned ...
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Patent litigation retaliation clause in Apache 2.0 vs MPL2

The Apache License 2.0 has the following in Section 3: If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a ...
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4 answers
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To what extent, and by what legal authority, do patent holders have a duty to share their patents

This is a spin-off from Do patent holders have an obligation to make their patents available? To what extent? and particularly from this answer by Robbie Goodwin. In that answer Robbie Goodwin asserts ...
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7 votes
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Do patent holders have an obligation to make their patents available? To what extent?

The company ASML Holding N.V. is, quote Wikipedia: "the sole supplier of extreme ultraviolet lithography (EUV) photolithography machines in the world" This means that ASML has a monopolistic ...
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-1 votes
3 answers
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Could attorney 2.0 be a new way to get legal representation?

I'm thinking about getting a patent and was wondering about an alternative to spending $400 per hour on one attorney. What if someone spent $200 and got 2 attorneys/law firms that work together ...
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How common is it to get a patent when you don't consult a patent lawyer?

If my memory servers me right, I read on Law StackExchange it's possible to get a patent in the United States for as little as $80, which may or may not be a correct statement. Unfortunately, I feel ...
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2 votes
4 answers
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Can a patent lawyer hold a patent or is that a conflict of interest?

Is there a law that prevents a patent lawyer from using his position to modify failed patents he hears about and create a successful patents for himself? I can see that being a conflict of interest.
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Is this Patent infringement?

I had this question posed to me: After reading a live patent for a hovering skateboard, Laura is curious to see if the skateboard will actually hover and decides to make it and to test it. Laura ...
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1 vote
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A lawyer with an E&E Engineering Degree with no Background in Intellectual Property

I am a lawyer with an E&E Engineering Degree and want to do Intellectual Property work online (Upwork & Fiverr) however I have no experience in the field. I want to learn as much as possible ...
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16 votes
1 answer
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What is the effect of lost and recovered prior art on patent validity?

Normally, the existence of prior art containing matters for which a United States utility patent makes claims to patent rights prevents a patent from being issued for those claims, and if a patent ...
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5 votes
1 answer
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Is Simplex noise still patent protected? (What is "anticipated expiration"?)

According to the Wikipedia page on Simplex noise: Uses of implementations in 3D and higher for textured image synthesis are covered by U.S. Patent 6,867,776, if the algorithm is implemented using the ...
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1 vote
1 answer
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Can you patent natural things?

Can you patent simple things that exist in the world naturally? By simple things I mean like a neem stick toothbrush or Turmeric power?
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2 votes
1 answer
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Is it possible to use for commercial purposes code released with a license which allows it, even if it was patented afterwards?

This software was released as open source 2 years ago: https://github.com/lululxvi/deeponet The license allows commercial use: https://github.com/lululxvi/deeponet/blob/master/LICENSE However, end of ...
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Is code on Github safe against US claims?

I run a smaller non-US company producing hardware-related code. Since the code is hardware related I might patent it (the entire system) outside US at some time. I want to use Github to store my code ...
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2 votes
2 answers
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Patent infringement of an announced product

Let's say that company A announces a product that infringes a patent of company B. Company A makes marketing actions (promotion, future customer acquisition and so on) but doesn't sell yet the product ...
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0 answers
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Can a game asset violate a trademark or a patent of a product?

Can placing a model of a real life recliner/keyboard/car in my commercial game, violate the trade-dress/trademarks/patents of the manufacturer/brand if it looks and functions like the real thing? Or ...
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1 vote
3 answers
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Public Figures, Patents And Inventions

Is there any law or regulation that prevents or regulates the inventions made by public figures? Public figures are people with hobbies and maybe some dedicate their free time to research. Will they ...
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7 votes
7 answers
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How to prevent others from getting a patent on my idea?

I have a good product idea. But I don't have enough time or money to transform the idea into a real product. Instead, I would like to prevent other companies or individuals from getting a patent on ...
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1 vote
1 answer
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Does secret or semi-secret prior art invalidate granted patents when presented?

An example would be inventions from the former Soviet Union that were officially secret, then some became semi-secret as they leaked into the public realm but so obscure that only very narrow circles ...
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1 vote
1 answer
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Hardware principles / designs - can some be copyrighted or they are patented only?

I generally understand the difference of copyright and patent, however, as software programs are copyrighted, I began to doubt that all hardware specifics are patent protected only. I'm particularly ...
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0 votes
0 answers
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Use MIDI sys ex format from competing product

Suppose that Albert is developing a new music application that produces MIDI output for some hardware modules (LCD displays etc.) in system exclusive format. There is a competing music application ...
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0 votes
4 answers
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Inventors's Ability To Use Their Idea After Being Patented By Their Employer

This is for an ethics course. The professor tells the story (in summary): Josh works for Company A. He comes up with a new idea and presents it to his boss, Paul. Paul tells Josh to meet with Company ...
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3 answers
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How do I know if my idea violates any existing copyrights or patents?

I have an idea for a product that shares many characteristics with existing products, but that will have a few differences. I want to make sure there's going to be enough of a difference between my ...
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1 vote
2 answers
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Is a retroactive patent infringement possible?

A software researcher (from an American university) published a new method/algorithm and then an implementation of it, licensed under the MIT license. I wrote to him to ask if he had filed a patent or ...
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1 vote
1 answer
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Does use of university servers give them ownership over IP?

I'm currently pursuing my undergrad at an Indian university. I (and a few of my batchmates) have created a website in our free time, for which we intend to apply for a patent. The website was ...
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0 votes
1 answer
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What are the laws regarding making replacement batteries if the battery technology is patented?

It was pointed out to me that Milwaukee tools has sued numerious different tool vendors for building replacement bateries for their tool line, Jury says Milwaukee Tool should receive $27.8 million in ...
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1 vote
1 answer
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How can we attribute an invention to a natural person if an invention was fully invented by an AI system?

Can Computer Systems Using AI Patent Their Own Inventions Increasingly, companies are using AI to invent new methods and products. But can such inventions be patented given the requirement that each ...
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1 vote
2 answers
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How many time can a company apply for the same patent after it was rejected?

How many time can a company apply for the same patent after it was rejected? Can you apply as many time as you want as long as you pay the fee to apply for a patent, or is there a hard limit on this? ...
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0 votes
2 answers
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Does a company have to buy a license for a technology if the technology was developed simultaneously?

Does a company have to buy a license for a technology if the technology was developed simultaneously? Let's say that a company A and a company B developed technology C at the same time, but company B ...
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5 votes
1 answer
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Can a company in the US that developed a technology, and kept it secret without patenting it keep other companies from patenting the same technology?

Let's say company A developed a technology, but didn't apply for a patent in the US. Ten years later, Company B applies for a patent for the same technology. Can company A void the patent saying ...
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3 votes
1 answer
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What are the advantages of applying for a patent in each major region instead of going through the Patent Cooperation Treaty?

What are the advantages of applying for a patent in each major region instead of going through the Patent Cooperation Treaty? A lot of companies still decide to submit a patent application to each ...
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0 votes
1 answer
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Do local patents have precedence over foreign patents even if the foreign patent was granted first?

Do local patents have precedence over foreign patents even if the foreign patent was granted first? Let's say that a patent was granted in 2010 after the application was made in the same year, but in ...
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1 vote
2 answers
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When a patent is invalidated, what happens to all the proceeds generated by the company through licensing and legal compensations?

When a patent is invalidated, what happens to all the proceeds generated by the company through licensing and legal compensations? Does the company have to pay back all the money obtained through that ...
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1 vote
1 answer
90 views

Can the U.S. government challenge, reverse or appeal any court decision made by the European Patent Office?

Can the U.S. government challenge, reverse or appeal any court decision made by the European Patent Office? Is there any official channel through which the U.S. government can challenge, reverse or ...
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0 votes
0 answers
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Can you patent product based on another companies IP

If I had a prototype for a product that was heavily based on another company's IP is there any way I can get legal protection for the product's design? I don't want to go and sell the prototype to the ...
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16 votes
3 answers
5k views

Is it illegal to implement a patented algorithm or method and take advantage from it?

I have been working on an SW project that combines image processing and IMU data since 2019. (Mobile platform) Unfortunately, a company got a patent on the same method that I have been working on and ...
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1 vote
1 answer
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Could signing an intellectual property agreement for an algorithm coding job prevent me from working in a similar industry later?

I am a computer coder / algorithm developer and am just getting started in industry where I know I'll have to deal with IP agreements. In particular, the question I'm asking here came about because I ...
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-1 votes
1 answer
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CC Non commercial software licensing and selling exceptions [closed]

(Originally posted to Open Source. I am programmer, not very good with legal stuff) I have created an app that I feel has potential and want to license it appropriately. It produces visual output ...
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1 vote
1 answer
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What is "sufficient cause" for USPTO regarding filing extension?

I read on the USPTO website the following: a first request for an extension of time will generally be granted if a sufficient cause is shown. [...] The requests will be favorably considered where ...
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2 votes
1 answer
113 views

Is it illegal to claim a patent when you don't have one in the EU?

This company is claiming they are using "patented technology" https://marx-shoes.com/pages/technologie sourced from a company call "powerinsole". The only patent associated with ...
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2 votes
2 answers
44 views

Are there any major changes in patent law, besides AIA, in the past two decades?

I'm referring to important rulings or legislation changes that impact how firms apply for patents or how they approach patent strategies.
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3 votes
1 answer
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Is it legal to sell a 3d scan of a car in the USA?

Suppose someone were to provide high quality 3D scans of vehicles for the off-road industry. Would it be legal to sell these scans via an online marketplace? They would be either component, chassis, ...
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-1 votes
1 answer
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Developing similar apps, games, etc. on Google Play Store or App Store

I am planning to develop similar apps, games, etc., which may free or non-free, on Google Play Store or App Store and to earn money with methods such as ads, sale on same stores, etc. To be clearer I'...
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1 vote
2 answers
119 views

Is it legal to use ingredients found in an existing product?

Is it legal to use ingredients from an existing product? For example, imagine I love Bio-Oil and I decide I want to make something similar, would it be legal or illegal if I used every ingredient in ...
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5 votes
1 answer
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What happens if I used an invention for some commercial use after its public disclosure and before it got patented?

In the US, inventors have up to 1 year to file for a patent to the USPTO after an invention has been publicly disclosed, and by default the USPTO takes 1.5 years to publish the patent application ...
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2 votes
3 answers
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Applying for a patent in one country using a patented invention beloning to some else from another country

Let's assume certain invention is patented in country A, but not in B (in the latter it should be considered novel and non-obvious). Can a random person (not the original inventor) apply for and be ...
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0 votes
1 answer
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Can we add some extra features to the patent of the system which were missed in the provisional patent?

I filed a provisional patent for a machine about 6 months ago. But as of now the outcome of the machine is same but the method to achieve that outcome has been changed a bit(i.e some of the features ...
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0 votes
3 answers
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Can I “de-commodify” ideas by means of the Creative Commons?

I often have ideas for a product or a company. Instead of resorting to intellectual property law and patents to protect my ideas, I'd like to encourage as many people and organizations as possible to ...
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0 votes
1 answer
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Is there a way to check for patent infringment for free, when selling on Amazon? [closed]

I have a listing of a chinese wireless charger, compatible with the new iPhones. How can i know, whether the product infringes Apple's patents without hiring a lawyer (which would be more expensive ...
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0 votes
2 answers
192 views

Why can multiple companies make wind turbines? Why don't they run into patent violations?

I am curious to know that how it can be that so many companies can build wind turbines. Did these companies buy the patent from the inventor of wind turbine? Or is this technology not patentable? Or ...
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