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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 patentably or patented matters.

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Is it possible to get a local patent for an invention that is improved but matches some of the claims of a valid patent existing abroad? [migrated]

I'm not American, so the US patent law is not relevant to me. The thing I'm stuck with is the patentability of my inventionـwhether my invention can apply for a patent or not. Basically what I did ...
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1answer
40 views

What are the copyright terms on patents?

Are patents (and the attached text, diagrams, images etc) covered by copyright? Or are they, by virtue of being published patents, in the public domain?
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1answer
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Why does the US patent law have a section about inventions in outer space?

I came upon a curiously exorbitant statute, Inventions in outer space (35 USC 105). To summarize my question, what was the story and the rationale behind this law? The section reads, in part: Any ...
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1answer
57 views

Can someone invalidate my patent because others manufactured my product too?

If I designed a new product and began selling it without a patent in the United States, then other suppliers copied the design and began producing the design commercially before I filed for a patent, ...
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6answers
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Can I forbid the government from using my patented invention?

(this is a purely hypothetical situation, for literary research) I've filed a patent on a certain technology for facial recognition/analysis, and as the patent holder I want to use my exclusivity to ...
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1answer
47 views

What happens if open hardware infringes existing patent?

For example, maker community builds a machine implying/related to technologies/concepts under patent, and licenses these under GPL. What are the consequences? Example: electronic beam welding patent ...
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1answer
77 views

Is it allowed to sell 3D models of existing brands?

Case: I make 3D models for architecture. Now I made a bundle of IKEA furniture to use in my interior scenes. I do this for clients to give them a visual representation of what a room can be. Because ...
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1answer
56 views

Afraid of Patent Troll for first app

I am writing my first mobile-app that teaches a foreign language in a "chat-like" manner. Means, the user enters a chat and you learn the language by having a bot sending you individual messages. You,...
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3answers
19k views

If I don't want to patent something, what can I do to ensure the patent office doesn't unintentionally grant the patent to someone else?

Say that I have created a hypothetical new invention. I would like for it to be used by as many people as possible without restrictions, so I deliberately choose not to pursue a patent on it. As ...
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1answer
25 views

Could one legally duplicate a commercial product's design for their own personal use?

John Doe lives in the United States and wants to create a machine that sorts fruit. Rather than design and build it himself, he finds a patented commercial product that sorts fruit, but he discovers ...
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0answers
14 views

Patent Version After IPR

Is a new version of a patent issued after an IPR process (in the case that some claims are deemed unpatentable)? If so, where can I find it?
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3answers
129 views

If I sold my invention to a company, can I create a new version based on it?

Let's consider I have created a new robot it cleans the windows. A company gives me a tons! of money and I will sell it to the company and say goodbye and completely leave the project. Then after some ...
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0answers
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Is the measurement for system characterization an “abstract idea”?

Patent #6,128,415 claims were reversed based on 'the claim is directed to an abstract idea' Example 5. Digital Image Processing (pp 13) provides a ineligible patent claim: A method of generating ...
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0answers
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Patent Profanity in the context of 101 eligibility

Within the context of the diagram provided below, is there an equivalent of 'patent profanity'? That is, any wording that would lead decision-makers to traverse the path towards claim(s) are not ...
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1answer
24 views

Patent Application Due-Diligence

When engaging an IP attorney, I would like to understand what the inventor can / should prepare before meeting with the attorney. Assume the context is a system and method utility patent application (...
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1answer
49 views

Patent Claims: software vs machine taxonomy classification

An invention consists of a system and method. The system component comprises an electronic measurement system, which is software configurable \ programmable. I would like to understand which of the ...
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1answer
26 views

Does modifying/improving a patented device extend the rights of the original patent in any way?

Let's say that I invent and patent something, a computer chip for example. Then over the next 15 years I add a whole bunch of new features to that invention and patent each of the modified designs. ...
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4answers
3k views

If mathematical equations are not patentable, why are algorithms patentable?

I'm new to the domain of understanding the law behind patenting, and I want to start a company that uses machine learning algorithms. Unfortunately, almost every concept is patented by the top ...
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1answer
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How can you get back intellectual property from a bankrupt startup?

I have written some software for an American startup that has since gone bankrupt. The intellectual property consists of: Software code Patents that have me listed as their inventor, but that, ...
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3answers
181 views

What if after a patent is awarded, someone proves they invented it earlier?

I'm referring to a US patent. (USPTO non provisional Utility patent) And I'm referring to that first inventor not only proving they thought of it, of course, but that they published the idea or even ...
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1answer
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Is it normal that a patent stipulate that an author must help with future patent development and establishment?

I am a first time patent co-author. The patent assignment contains the following: "the assignors hereby covenant with the Assignee that they shall, at the cost of the Assignee, execute all further ...
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1answer
84 views

Can you patent something that is an implementation of another patent?

In short, lets say I made a chair. A fully implemented chair with X, Y, Z features. I have a working prototype and details on how each part of the chair works, and what the features can do. However, ...
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1answer
57 views

Copyright on a physical object where no patent exists

Lets say my company make a new shape of Rubik's Cube (a round ball twisty puzzle) and we call it a "Ball Cube" (my company is called "Puzzles" so its a "Puzzles Ball Cube"). I patent the "Ball Cube" ...
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1answer
27 views

Scope and participants in the Oracle Contributor Agreement

Reading the Oracle Contributor Agreement (direct PDF link), there are some points which seem off, at least for me as someone with zero legal knowledge. The first paragraph defines: The term “...
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1answer
41 views

How to protect my IP

I'm a developer looking to create a startup. However, it's a very unique idea and something I want to protect not only as a "product idea" but also the business brand too. I'm guessing I would ...
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2answers
486 views

Can an unfinished product be patented?

Say two companies are working on some software that does essentially the same thing: Can one of the companies patent the idea before it's finished to prevent the other company from working on it, or ...
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1answer
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Are inventions patentable AFTER they are published?

Dropout was a technique introduced publically in 2012 by Geoffrey Hinton. Notably, he and his research team filed for this patent in 2013. I'm not sure how this is allowed. They did invent it, but ...
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1answer
84 views

Can you sue a DAO that offers “software as a coin”?

Please help me evaluate the fictitious fact pattern below and understand whether there is a viable legal strategy for the prosecution. Note that this is somewhat futuristic and does not contemplate a ...
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2answers
92 views

Does a company own my company's product if I use their open source code?

Does a company own my company's product if I use their open source code? I am reading through the SDK License agreement of a company's code and it reads: ======================================== ...
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2answers
59 views

Is an overly generic patent claim for turning metadata into displayed web pages actually valid?

The first claim of this patent application is: An electronic content management and delivery platform, the platform comprising: An ingestion system configured to receive a document; a ...
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1answer
39 views

Can someone wait before patenting something?

Let's say I invent something. I manufacture it without patenting it. 30 years later, someone reverse-engineered my invention. I see that he is a few months away from manufacturing it, can I rush in ...
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1answer
30 views

USC / MPEP / Guidance Docs / Cases

I'm new to the world of law and trying to get a high level picture of things. Am I right to think of the structure of information (at least in the patent realm) as: USC title 35 = high level source, ...
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1answer
67 views

Literal Support Definition

In the context of patent disclosure: What is the nuanced meaning of Literal Support? Link to passage using the term Literal Support Written Description ≠ Literal Support “The test ... is whether ...
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1answer
27 views

Prior Art: Search Resources

I have searched for prior art in PubWest and patents.google.com. In addition I have searched the web (Google) for any prior art that would invalidate a patent for my die. That being said, is there ...
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3answers
42 views

Provisional Patent Scope Strategy

As I understand it the rigor required of a provisional patenta is less than that of a non provisional patent. A US provisional patent is to be filed this month for a device and I would like to ...
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1answer
44 views

Has this patent been granted or only filed?

I'm interested in implementing this technique in my app: https://encrypted.google.com/patents/CA2839098C?cl=en&hl=en But from this page I can't figure out it the patent has only been filed, or ...
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1answer
393 views

Can I build something for personal use if it is patented?

Say I like building things and I see an interesting product on the internet. Having seen this, and having the means to build something similar, the interest in the product, and the ability to ...
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2answers
38 views

Is there reliable intellectual property protection in overtly international markets?

Say I have a device I wish to sell to airlines. This device provides incredible value for commercial flights, and I'd like to start a business selling it. I have a problem. Where do I patent my device,...
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3answers
118 views

Patent infringement

I am developing a portable water filtration system , but I don't want to patent the design or the technology as I want the technology to be an open-source hardware and software technology. So let's ...
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1answer
98 views

My name was not included in an US patent but I am the main inventor. What process I should initiate so that my name is included as an Inventor?

I found about the patent too late while searching for eventual patent. The main idea of the patent under question was entirely my own. It was first implemented in a prototype, and then a production ...
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1answer
27 views

Patent Disclosure?

If one mentions that one is perfecting a new device to a customer and mention that the problem has been solved, would this be considered to be disclosure and trigger the one-year clock to file a ...
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1answer
59 views

Using OFL SIL font to logo

I have a question. I download FontAwesome (SIL OFL licence 1.1). I took icon- bulb and expand it to curves in vector software. I edit that icon that the icon never look like original anymore. And I ...
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2answers
69 views

What exactly is the distinction between copyright and patent?

Both copyright and patent protect the owner of intellectual property. To my understanding, copyright is for an expression idea (e.g. art, book) whereas patent is more to do with the functionality of ...
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4answers
236 views

Client threatening me with patent

I created a computer program for a client and things went bad. I think the client is trying to scam me. The client sent me an email informing they have filed a patent to the program I made, and even ...
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1answer
70 views

Difference between copyright, patent and trademark

From one article by Richard M. Stallman, I came to know that copyright, patent and treadmark are totally different things and people are usually using the misleading term "Intellectual Property" to ...
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1answer
95 views

Replica of the product - what can I do, What can not

It's not clear to me how far can you move when you are making replica of something. On this example can you help me understand it better please? Let's say I would like to build the replica of the ...
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2answers
58 views

How Can I Become A U.S. Patent Attorney?

I'm a engineer with a diploma from another country, How would i proceed to become a patent lawyer in the USA? Will I have to make a full undergrad course or there is a shorter way?
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1answer
35 views

Can I have a patent by discovering new application of a chemical compound

A compound called CxHyOz in the history has been discovered as an antibiotic for killing bacteria. But in the future when I discover a new application of it, for example I can use it as an efficient ...
2
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2answers
281 views

Can I be sued for unintentional patent infringement?

Based on my patent search, I don't think there is any existing patent that would cover the device I want to create and sell. But if I am mistaken, and I make a business selling my device, what is the ...
2
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2answers
190 views

As a startup, Should we avoid using React (reflecting on the BSD + patents license)

Recently, i read the following article : If you’re a startup, you should not use React (reflecting on the BSD + patents license). The example in this article : Fridgebook Inc. For the sake ...