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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 patentability or patented matters.

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How to legally use patented designs for new CAD invention

I would like to create a mechanical piece of hardware using commercially purchased goods, for instance, drivetrain components like constant-velocity joints and driveshafts which can be purchased. I ...
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1answer
28 views

How are the standards for patent, copyright, quality, accounting etc. chosen?

Patents in the US last 20 years. Apparently this is a relatively common period for much of the world as well. I also notice our copyright policies match much of the world. So do our product ...
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Repatenting a medicine

What does it mean that a drug was "repatented"? From the New York Times: Albuterol, one of the oldest asthma medicines, typically costs $50 to $100 per inhaler in the United States, but it was ...
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3answers
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Patent application: can the citation of a figure from another author be considered fair use?

I would like to include a figure from a scientific paper which illustrates some background for my invention. I can cite the source and I can make it clear that I'm using it for illustration and ...
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1answer
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Does a trademark application for technology like semiconductors or voting machines require an invention or embodiment?

New York Times' China Grants Ivanka Trump Initial Approval for New Trademarks: HONG KONG — China granted initial approval for 16 new trademarks to Ivanka Trump, the president’s elder daughter and ...
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2answers
70 views

What protections does Europe provide for US patents (that China doesn't)?

According to a NYtimes article yesterday Xi Jinping had promised that China would protect intellectual property, then he reneged before the trade talks faltered. I am trying to understand the context ...
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1answer
17 views

Open Source Contributor License Agreements / Apache2 and patents

Many CLAs contain the below clause that is more or less taken from the Apache2 license: Grant of Patent License. Subject to the terms and conditions of this Agreement, You hereby grant to ACME ...
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0answers
34 views

Can I get a patent for my software, not for any algorithm or feature, but for the marketing strategy and revenue model?

I have a software startup that is entering a very crowded space. We have many of the same features as the rest of the field, and a few unique ones. The main difference is that our revenue target and ...
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2answers
77 views

Is a book formatting subject to copyright laws?

I'm an IT professional who happens to be interested in EU law. Currently and for the next about 2 years I am tasked with writing a rather lengthy document (estimations are about 1000 to 1,200 A4 ...
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0answers
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What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?

The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable. The EPO exists independently from the EU as an ...
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1answer
87 views

Can a country ban oversea biotechnology research out of an endemic plant that is only found in its territory?

This question was closed on biology.se and I was advised to ask it here. For illustration, say there is a plant that is only found in the Amazon rainforest. New drugs can be potentially invented ...
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1answer
57 views

Is this an infringement of their patent?

This company has a patent for a bath flower. However, on Amazon I noticed that there are other sellers selling something similar, but with 5 or 7 petals, not 4 petals. Are they infringing on the ...
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1answer
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Inventorship 101

Let's say that Peter asked Alice to run a process (X) with the objective of achieving (A). Peter gave Alice part of the execution plan to achieve (A). I other words, the idea of doing (X) to achieve (...
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1answer
17 views

Can trademark attorneys advertise in UK?

In some countries, it's illegal for trademark and patent attorneys to advertise. Is it also the case in the UK?
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1answer
95 views

Can I privately sell a patent plant?

We have around 15 plants on our balcony which are patent but planning to move overseas. So I was thinking to sell them on gum tree or eBay. Is that allowed! I did not breed them, just had the plants ...
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3answers
82 views

What is the legality of using patented hardware with open-source software?

I'm working with hardware from a company that is very serious about intellectual property protection. There are over 2,000 patents filed on the technology this hardware enables. The hardware is ...
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0answers
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Does the “Expired - Lifetime” status of US patents allow all types of future use of the IP?

I recently found a patent that has expired this month after almost 20 years. The original inventor still has not done anything substantial with his idea, and frankly, it is a really cool and doable ...
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1answer
597 views

Licensing an idea to public?

With my research, it looks like a patent doesn't really make much profit from it due to the high maintenance fee. So I'm thinking is it possible to license my idea to public (for free or way less ...
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1answer
32 views

Selling US patented product in US from Canada

If I am selling a product that is patented in the US by US Company and I am selling this product from Canada to both Canadian and US customer. What will be at risk in this case. How can a US company ...
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0answers
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What is a Formal Patent Search of Classification in Canadian patent law?

I am seeking to start patenting something, and have reached out to an organization that claims to be able to help with the patenting process. They want to do something they call a Formal Patent ...
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2answers
60 views

If Two Different Companies Have Sold the Same Product Under the Same Name, Is Trademarked Name Enforceable? [duplicate]

I'd like to manufacture a product, but I'm curious about my naming options. Here's my scenario in a nutshell: In 1960, a company patents a wallet design and sells them as Zark wallets. In 2006--...
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1answer
22 views

Protecting IP of video subject

I have several projects and inventions the development of which I would like to chronicle on YouTube, however I'm also aware of the risks in doing so as anyone viewing the videos would be able to ...
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2answers
37 views

Invention ideas without a prototype?

If one had an idea for an invention, but had no ability to make such a device, can you make the "idea" legally yours, insofar as it is specific?
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1answer
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When does an improvement patent require (or not require if that's easier) a license from the holder of the original patent?

first post here! I was curious when an improvement patent requires a licensing agreement with the holder of the original patent? I did some preliminary research, but everything I can find online is ...
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1answer
80 views

How to ensure that no one can copy my app design and name

Can an application developer from outside the USA prevent other developers in the US from copying the name and design of the application? How will this work? How can a developer who has published a ...
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1answer
105 views

Is it legal to patent an idea and then not use it?

In the HBO show Silicon Valley, a patent describing a technique that could replace paid services with free ones is an important plot point. The patent was never used and seems to have never had an ...
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1answer
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Kellogg v National Biscuit Co

In Kellogg v National Biscuit Co it was ruled that once a utility patent expires the patentee can never make a trademark-like claim to the exclusive use of the source-identifying function of the shape ...
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2answers
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Anticipating “novelty” in patent law

In its opinion the Court discusses earlier wire fence construction that, though somewhat similar to Glidden’s, did not “anticipate” the Glidden invention. “Anticipate” is a term of art in patent law. ...
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1answer
32 views

Patent law: What is the litmus test for 'inventive step' \'non obvious'?

As I understand it the EPC (Europe) requires 'inventive step' and the USPTO require claims to be 'non obvious'. An electronic measurement was designed and tested. What are the questions that one ...
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1answer
30 views

Is there a catch in signing patent request documents [closed]

This is a bit broad, I know. As I cannot share the documents it is meant as a general question regarding patent requests. The CEO of my company has put me on a patent request papers. I had nothing to ...
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2answers
42 views

How non-public could a disclosure/publication be, and still count as such for patent “prior art” and copyright purposes? [closed]

The essence of both patent and copyright is that a creator/inventor gets legal protection and exclusivity within broad limits, in exchange for some form of publication/public disclosure. Similarly a ...
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2answers
120 views

If an inventor were to create a top secret invention, does this person have a legal obligation to keep it secret?

In a scenario in which an inventor was able to invent something that the government would likely classify as 'Top Secret' or even 'Born Secret', and the inventor knows that it will be classified as ...
3
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1answer
45 views

Can a professor patent and license a technology if the development used software with non-commerical license?

Suppose a professor or student at a university uses software like Rosetta (a protein folding software) for their research. Rosetta has free academic licenses as well as paid commercial licenses ...
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2answers
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What copyright terminology do I need to include in my thesis (for a new encryption algorithm)?

I'm about to publish a thesis on a new encryption algorithm I devised, and was told by my Committee Chair that I would need to include: A copyright page - to safeguard my work from being patented by ...
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2answers
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I live in Bulgaria. Should I worry about a patent that has been granted in the USA?

I want to implement, in my app, a technique that has been patented in the USA. I live in Bulgaria. Do I need permission from the patent owner?
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1answer
30 views

How to deal with patents that others hold? [closed]

I am an aspiring inventor and in the best case scenario I will be developing smartphones but something that is a huge hurdle for me are the patents that other people hold. I mean one company patented ...
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2answers
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If someone resigns from a firm while their patent application is under processing, will their name be used in patent application

I couldn't find any law/rule stating that if a person resigns from a company after the company have filed for an patent by that person, whether his/her name will be considered in the patent if it is ...
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2answers
170 views

What does “Preferably”, “Optionally” and “Advantageously” mean when used in patents?

I am currently reading through a standard Australian patent and in the "Summary" section, I have seen the use of "Preferably", "Advantageously" and "Optionally" used numerous times when beginning ...
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0answers
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Oracle Java Patents Expiration

Is there a date where the Google v. Oracle situation will never occur again with Java? It is rather disappointing to me that there is no official date for their patents to expire http://en.swpat.org/...
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2answers
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What to do after an employee leaked our algorithm?

One of my company's internally developed algorithms was published online. It's a complex algorithm that took years to develop, I have a pretty good idea of which employee leaked it based on the team ...
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2answers
135 views

Commercial usage of photos of extreme close-up of popular electronics

Let's say I make a photo of iPhone screen through the microscope, so field of view of the photo is just several pixels and individual RGB components of the screen are visible - so it's not possible ...
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1answer
50 views

Is patent law still applicable if the breacher is doing so under a non-profit initiative?

If so is the law exactly the same in both instances?
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2answers
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If I don't patent my invention, how closely can a competitor copy my product?

Introduction: I had an idea for how to make a certain product much better. I'm currently in the prototyping stage for a product based on that idea. That idea (the solution to the problem of improving ...
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1answer
23 views

Government Patent Licensing Rights

If a license is issued to the US Government to build and operate a patented measurement system, is it violation of the license if the government hires a contractor to build and operate the system? ...
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1answer
49 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
129 views

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
61 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
16k views

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
53 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
337 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 ...