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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Could a software patent be used against the inventor of the algorithm?

Since in practice algorithms can actually be patented, sometimes I wonder if it is possible for example for a company to take a open-source code I wrote and released and somehow file a patent for its ...
StackOverflowToxicityVictim's user avatar
2 votes
2 answers
133 views

what criteria do lawyers, in particular patent lawyers, use to determine whether or not to accept a case?

I just came off of an initial consultation with a patent lawyer about a utility patent application. After the one hour consultation, he stated that he currently does not have the bandwidth to take on ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
168 views

"Malen nach Zahlen" legally protected in Germany?

Quoting from a German wikipedia article about "Malen nach Zahlen" (or also called "painting by numbers"): Malen nach Zahlen ist eine Wortmarke der Ravensburger AG und des ...
J. M. Arnold's user avatar
0 votes
1 answer
90 views

What may a person do with a plant or seed containing patented biotechnology?

Say I go to a shop and buy a plant or a seed that is covered by a patent, perhaps because it contains a patented genetic widget. I don't enter into any particular agreement with anyone, other than to ...
interfect's user avatar
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1 vote
1 answer
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How did a patent claim priority from an earlier patent?

I was looking up the notorious Baer patent on video games and noticed this text: 1969-03-18 Priority claimed from FR6907714A 1971-03-22 Application filed by Sanders Associates Inc ... On the face of ...
rwallace's user avatar
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6 votes
2 answers
205 views

How to calculate patent expiration date?

Example: https://patents.google.com/patent/US8019529B1/ Said example has a history / timeline: Application US11/893,728 events 2007-08-17 Application filed by Rockwell Collins Inc 2007-08-17 Priority ...
gatorback's user avatar
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1 vote
1 answer
85 views

patent question [closed]

Hypothetical person is inventing a new product for sale. The product will include an ingredient that is patented and for sale for another use. They will buy their product and not change it but rather ...
Caro1's user avatar
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2 votes
2 answers
108 views

Is the GNU GPL v3 patent license grant valid in space?

The GNU General Public License v3.0 includes a patent license grant (emphasis added): ... Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's ...
Someone's user avatar
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1 vote
1 answer
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When researching a patents on a commercial product, what do you do if you can't find a patent?

The Patent Attorney on YouTube claimed he could not find the patent on the Festool Domino in the USA. If no one knows where the patent is, or what patent covers the Festool Domino -- is there any ...
Evan Carroll's user avatar
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1 vote
2 answers
304 views

Is it legal to 3D scan anything and how are 'shapes' protected?

I'm surprised there are almost no questions on this site about 3D scanning and its legal implications on patents, copyrights, whatever laws or regulation apply on it. As of 2023, 3D printing is ...
Bob Ortiz's user avatar
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-1 votes
4 answers
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Differences between patent and copyright

I'm reading "Open Source Licensing" by Lawrence Rosen. At page 30 there is written: A patent differs from a copyright in a fundamental way: A copyright prevents a third party from copying ...
robertspierre's user avatar
2 votes
0 answers
321 views

When will the baseline patents for encoding/decoding the AAC format expire?

The MP4 container is the most ubiquitous video format in the world. It is commonly used with the H.264 video codec, of which there has been a lot written about when the patents for this codec will ...
ripandtear's user avatar
1 vote
1 answer
90 views

Are there any examples of the patent infringement litigation between a patent owner individual and a big company in this world?

I am a patent owner. I suspect patent infringement is taking place against my patent.
Marcony's user avatar
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1 answer
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Two questions about UK's strict 6-month patent grace period rules for public disclosure at a trade show [closed]

Is Technology for Marketing @ Excel London 2023 a valid trade show for a UK pre-patent publication grace time? Also how to establish ownership? In the UK, it's possible to get a grace period of 6 ...
Harvey's user avatar
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0 votes
2 answers
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On a case of private use of patented technology

Suppose an artist publishes an artwork in a proprietary patented format (a codec to be specific). Here's some specifics in this situation: The artwork itself is fully owned by the said artist, and ...
DannyNiu's user avatar
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1 vote
1 answer
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Question concerning the legality of Software Patents

I have a question concering the public reveal of new patents filed by Nintendo Co., Ltd., and how such patents are legal given how general the concepts are, and how this would effect development of ...
DanceroftheStars's user avatar
7 votes
1 answer
3k views

Can I avoid infringing a patent if I change one component of existing patent?

This is an extended question to my previous question: Leading customers to use cheaper solution invented for another domain instead of expensive patented solution. Infringement? As far as I know, if ...
Chanoh Park's user avatar
3 votes
2 answers
382 views

Leading customers to use cheaper solution invented for another domain instead of expensive patented solution. Infringement?

Let's say there is a patented product A for domain A and there is a product B that does the same work but is invented for a different domain B. If a company in domain A shows its customers that they ...
Chanoh Park's user avatar
1 vote
2 answers
140 views

Does distributing compiled code with "no reverse engineering" notice amount to pre-patent publication?

If I made an invention of a patentable computer algorithm, and then implemented it, compiled and published a program online, while retaining the copyright notice like "reverse engineering is ...
Harvey's user avatar
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-5 votes
2 answers
97 views

Can I use code from a computergame that is owned by a company A in order to develop my own game at company B? [closed]

I want to develop a game with my own company, lets call it Indiantruckaimulator, that is very similiar to the already existing game, Eurotruck simulator. I would greatly benefit if I could use their ...
100xln2's user avatar
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0 votes
1 answer
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Can one explicitly use medical research to offer unlicensed patented treatments?

English Patent Law includes an exception for "experimental purposes": (5)An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not do ...
User65535's user avatar
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-5 votes
1 answer
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YU-GI-OH! name IP protection?

What is the TM and IP status for Yugioh? Related to question Will the YU-GI-OH! card copyright ever end?, is the name 'Yu-Gi-Oh!' name protected? This resource Justia suggests TM protection for video ...
Stephan Luis's user avatar
12 votes
4 answers
3k views

Can two unique inventions that do the same thing be patented?

Let's say I get a patent issued for a process/formulation that cures a disease or treats damaged hair. Can someone else come along and invent something that cures the same disease or repairs hair, but ...
DavidScherer's user avatar
5 votes
2 answers
2k views

Are designs explained in academic publications considered to be in public domain if there isn't yet a patent application about it?

In academic journals, sometimes the new approach they describe seems so promising that companies may want to use those designs or designs made/inspired from the principles mentioned in the publication....
b.g.'s user avatar
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2 votes
1 answer
149 views

Is it safe to talk about ideas that I have not patented yet over public email?

I have an idea with which I may someday make a startup. I can talk about it with experienced people, over public emails for example. However, I wonder if from patent point of view this is safe. My ...
Alejandro's user avatar
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9 votes
1 answer
1k views

Can patents be featured/explained in a youtube video i.e. are patent descriptions/images in public domain?

Is it legally allowed to use images, which are obtained from patent forms, possibly with modifying/coloring them or left as is, inside youtube videos? In the same vein with images how about the text i....
b.g.'s user avatar
  • 263
18 votes
5 answers
4k views

At what point does combining integrated circuits yield something patentable?

I am considering at which point an electronic circuit-based product becomes patentable. If I were to simply design a new electronic circuit by implementing a single integrated circuit (IC) from a ...
Nick Bolton's user avatar
-1 votes
1 answer
79 views

How to make sure your startup or project idea is not stolen or given away when sharing it with professors or sources of support [duplicate]

Say you have an idea for which you can appreciate some intellectual and financial support. For this you may reach out to different sources, such as university professors or research institutes that ...
Alejandro's user avatar
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1 vote
1 answer
58 views

MIT license for software implementation of published algorithm with a patent in pending status

I am a researcher working at a public research institute. A research group from another country has published an algorithm in a peer-reviewed journal and provided a server implementation of it on ...
Stierlitz's user avatar
2 votes
1 answer
88 views

Can I provide plans for a patented product

This question is about a physical product, where a part of the functionality is patented. I would like to recreate that product for educational purposes. I won't sell it. I guess I'm fine with "...
jwsc's user avatar
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6 votes
2 answers
2k views

Can one enforce a patent while it is only "pending approval"?

When does a patent begin taking effect, exactly? And if it takes effect BEFORE being officially approved (which seems strange to me), can the patent's author enforce the patent (for example, through ...
J..y B..y's user avatar
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0 votes
2 answers
111 views

Can I Create and Sell Another Virtual Machine Software for macOS?

I would like to know if I can legally create and sell a software that creates, opens, manages, and runs virtual machines for macOS. I know that there are a lot of virtual machine software out there ...
wondering-tinkerer's user avatar
0 votes
1 answer
197 views

Exactly what part of a game can be under copyright or patent?

I have searched the internet and I have understood that copyright will cover the names and graphics of games while patents are for the idea/mechanics of the game. My questions are: Am I right? If so ...
Smith's user avatar
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14 votes
2 answers
6k views

Is Nanoblock not in violation of LEGO's patents because their product is incompatible with and not the same size as LEGO's product?

Nanoblock is an interlocking brick toy similar to LEGO. They have an article on their website that describes their toy and compares it to LEGO. It makes the following claim: You may wonder if there ...
pacoverflow's user avatar
0 votes
1 answer
148 views

Would a patent on the Win32 API make Linux Wine illegal?

There is the Win32 API which provides access to systems functions on Windows. For example there is the CreateFile API call to create a file. And then there is Linux Wine which implements this API to ...
zomega's user avatar
  • 549
2 votes
1 answer
100 views

Do these two Microsoft Excel patents prevent anyone from shipping similar features?

Considering these two patents describing two features: User defined spreadsheet functions Customizable spreadsheet table styles If anyone were to build some spreadsheet software, what would these ...
eckzu's user avatar
  • 23
2 votes
1 answer
106 views

USPTO search says that a practitioner, Bob has status "agent", but his employer advertises him as a "patent attorney"

Bob is a patent practitioner, and works for a firm. The firm’s website lists him as a Senionr Attorney holding a J.D. However, according to a https://oedci.uspto.gov/OEDCI/practitionerSearchEntry ...
Bear Bile Farming is Torture's user avatar
3 votes
3 answers
1k views

How to know if a patent law firm is credible or any good at all?

I am researching this company https://boldip.com/ How do I verify that It's even a real law firm It's credible It's great at its practice
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
38 views

Contracting with a prototype maker in China from the USA [closed]

I have a product that I want to build a prototype for. How do I protect myself if I am contracting a company in China to develop the product? I am in the US. How do I prevent them from stealing my ...
Bear Bile Farming is Torture's user avatar
0 votes
3 answers
184 views

Can you safely do anything without infringing patents?

It seems like anything non-obvious can be patented, and even private use of patented processes is illegal. Can you do anything with assurance that you aren't infringing a patent? You could read ...
Someone's user avatar
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0 votes
2 answers
65 views

Are legal opinions after a patent search standardized?

I have just received a legal opinion after a patent search from my lawyer. I am scheduled to meet with him in the coming days. But for now, his opinion is documented as such: Therefore, I cautiously ...
Bear Bile Farming is Torture's user avatar
1 vote
0 answers
11 views

protocols to buying or licensing a patent in its pending state

For large corporations, what is the standard protocol for their due diligence when they have decided that a patent in its pending state is worth buying or licensing? Do they hire lawyers to perform ...
Bear Bile Farming is Torture's user avatar
0 votes
0 answers
18 views

What countries enforce patent licensing deals with royalties beyond expiration of the patent?

I heard that in the USA, licensing deals that involve royalties beyond 20 years is no enforceable. Is this common? Are there countries that allow royalties in perpetuity or beyond expiration at least?
Bear Bile Farming is Torture's user avatar
1 vote
3 answers
170 views

If I own the patent to A+B+C, and later A+B is granted a patent, can I still manufacture A+B+C

If I manufacture A+B+C, then I would be infringing upon A+B, no?
Bear Bile Farming is Torture's user avatar
2 votes
1 answer
244 views

License or not for open source code published by the manufacturer?

Do I need license for the Arduino code that a company has posted in their websites when I buy their sensors to use them to my Arduino? For instance, I buy a CO2 sensor and I use the company's code in ...
just_learning's user avatar
0 votes
1 answer
25 views

How are pending patents sold / assigned?

An inventor has filed a utility patent. It is now in pending status. If a large cooperation really believes in this invention and buys it in its pending state, what happens if for some reason the ...
Bear Bile Farming is Torture's user avatar
-1 votes
1 answer
45 views

Is it possible to still get royalties in an outright sell / assignment of your patent deal?

If you sell your patent completely for a large lump sum, is it still possible to work royalties into that deal somehow?
Bear Bile Farming is Torture's user avatar
0 votes
2 answers
66 views

How does law define patent worldwide regulation and how does expiration work?

I am not from US, also the English is not even my native language, and I am even not a lawyer so it difficult to understand some things. Consider a scrollbar patent . It was patented in US. I have few ...
Stdugnd4ikbd's user avatar
6 votes
2 answers
1k views

Are trivial user interface concepts patentable and can they be used?

A few years ago there were some news headlines about that Microsoft is getting royalty fee from Android phones manufactures, because of some Android user interface basic concepts, that were patented ...
Stdugnd4ikbd's user avatar
9 votes
2 answers
2k views

Why do the manufacturers using an operating system have to pay patent royalties based on the operating system?

https://rcpmag.com/articles/2014/08/04/microsoft-sues-samsung.aspx In 2011, Samsung signed a contract agreeing to pay Microsoft royalties for using the Linux-based Android mobile operating system in ...
Sayaman's user avatar
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