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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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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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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4answers
80 views

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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72 views

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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2answers
74 views

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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1answer
116 views

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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1answer
64 views

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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1answer
80 views

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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82 views

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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113 views

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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1answer
669 views

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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45 views

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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1answer
53 views

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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2answers
41 views

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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1answer
77 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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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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3answers
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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1answer
71 views

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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1answer
36 views

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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1answer
30 views

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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1answer
100 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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2answers
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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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1answer
57 views

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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1answer
59 views

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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2answers
108 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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1answer
144 views

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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3answers
436 views

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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0answers
22 views

Why are claims not mandatory in provisional application?

Well, a claim refers to the extent of the protection conferred by a patent. If claims are so important so why they are not mandatory for the provisional application? There has to be a reason for such ...
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1answer
30 views

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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3answers
63 views

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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1answer
71 views

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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2answers
180 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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69 views

Patent ownership for inventions by employees on unpaid COVID leave

According to the employment contract, anything an employee comes up with, at any time (e.g. during weekends and completely unrelated to work) is the property of the company. It seems harsh but as ...
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99 views

Patents in video game

Following my previous post about copyrights, I now seek information about patents in video game. According to the World Intellectual Property Organization : A patent is an exclusive right granted for ...
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1answer
44 views

Is publication sufficient to prevent patenting an idea?

Background As an experienced guitarist, I have a very simple idea that I believe is worth pursuing - at least as an experiment. In case it is a successful idea, I don't want anyone (including myself) ...
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1answer
65 views

How to patent a technology as public domain? [duplicate]

If an inventor comes up with a technology that could benefit humankind and instead of keeping it for themselves they decide they want to make it freely available to all, what would the legal process ...
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1answer
73 views

Does the vimium Chrome extension infringe on this patent?

So I saw this really cool google plugin called vimium, it allows users to press a mod key ("f") and then easily access any hyperlinks that are present on the current page by providing ...
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0answers
28 views

What laws cover patented DNA in humans in relation to the patent owner?

Some conspiracy theorists make the absurd claim that if patented DNA ends up in your genome, then you become a patented GMO, and thus the patent owner has some degree of legal control over you and/or ...
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1answer
35 views

Do patent royalties date from the date of filing?

Alice invents a widget, files patent; it gets granted after a couple of years. Meanwhile, Bob has copied the widget and been selling many units of his copy. Alice and Bob reach a license agreement ...
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3answers
97 views

Can you start a product line with ingredients used in a different product [duplicate]

Is it legal to literally purchase all of the ingredients in a product and make your own product with minor changes? Ie; I’m making a hair growing serum but I want to put a small % of Selsun blue (...
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1answer
65 views

How can I find glass cutting patents?

How can I find glass cutting patents? Apparently they use a different numbering system than ordinary patents. For example, according to glass collectors, the following patent was registered: 63,795 / “...
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2answers
80 views

Has the patent process been patented?

After reading What topics can I ask about here? in Patents SE I've decided this question is off-topic there, so I'll ask here. Has there been an application for a process patent for the patenting ...
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1answer
109 views

Can i apply for patent for my game?

I am an Individual developer.I am making a game.I like to know can i apply for patent or is there any way to protect that game concept/idea,So that if any other developer or company wants to use that ...
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1answer
49 views

Is possible to patent a trading algorithm (indicator)

I know some algorithms are patentable, but not sure what are the resctrictions and limitation for this. My question is specific for a trading indicator, something like MACD, or RSI etc, is possible to ...
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1answer
154 views

On what basis do patented lock manufacturers claim that it is illegal to clone their keys without authorization?

Locks are often sold with the claimed advantage of their keys being impossible to legally copy without manufacturer authorization: The key is two-sided, with US patent no. 8,336,350. Benefits of the ...
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170 views

Can I display my photo of a subject protected by intellectual property laws?

EDIT: the suggested duplicate: a) Refers to the UK. b) Only addresses one issue I mentioned. c) Perhaps wrong/misleading (at least in the US) - From the USPTO site: "To support a trademark ...
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3answers
145 views

What does the patent litigation piece of the Apache License mean?

I am looking at this from Wikipedia: The Apache License 2.0 makes sure that the user does not have to worry about infringing any patents by using the software. The user is granted a license to any ...
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Regarding German Patent attorney candidates

I'm thinking about becoming a German and European patent attorney. I'm fluent in German (my mother language), English and French, (and Romanian, my other mother language). The issue is that I have a ...
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1answer
130 views

I'm an engineer. Can I build something that is patented asuming I don't share, sell or profit off the item?

I found a few posts but they were a bit ambigous a a lot was left to the uneducated imagination of mine. Title says it all really. Say I wanted to build a special type of laser, I do NOT want to sell ...
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1answer
37 views

Is it true that there's no advantage in filing patents to each major patent office rather than filing it through the PCT system?

Is it true that there's no advantage in filing patents to each major patent office rather than filing it through the PCT system? PCT applications is used as a figure for innovation, but it seems that ...

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