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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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34 views

GM hood emblem replica

I want to make and sell a replica of a hood emblem for a 60-61 Chevy truck. My replica will be very close to the original but will not have any of the GM numbers on it, but the emblem is the Chevy "...
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Is value-at-risk methodology patented? [migrated]

If a software provides calculation of value-at-risk based on some text book methods (say the one described by John C. Hull), does the publisher of the software become liable to any claims for ...
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2answers
65 views

How broad can a patent be?

I have trouble understanding how patents work. I understand that they apply to the idea of how something is used. How broad can they be? For example why didn't one person (or company) patent cars in ...
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1answer
48 views

questions about the Rubik's cube trademark/copyright/patent

i checked Rubik's cube image rights and i'm still confused about the legal protection of Rubik's cube. I know the patent expired and their 3d trademark lost a case in EU. Does this imply they ...
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1answer
50 views

Claiming Stolen Information in an NDA

Set Up: A unilateral NDA is created in the state of Rhode Island between a Receiving Party and a Disclosing Party. This is a basic patent NDA that grants the Receiving Party the ability to see the un-...
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1answer
44 views

Contract for Securing Intellectual Property

Is there any sort of legal contract in the United States (Rhode Island) one could make without a lawyer that would state that a disclosing party owns a certain idea and that the receiving party may ...
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1answer
50 views

Advice if concept is too general for NDA [closed]

I am currently low on money and have no way of paying for a patent on a new device I have designed. However, I wish to spread my idea to a few others who may be willing to help me grow the concept and ...
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1answer
89 views

Way to Claim an Idea for under $200 [closed]

I have recently come up with a very interesting concept in engineering that I would also like to share with peers. However, I am relatively fearful that someone may hear the idea and make it or patent ...
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3k views

What is the status of this patent?

Recently I received a warning from someone who seller that says I am infringing on their utility patent. While looking up their patent, I am seeing different information about the status. 1) Source ...
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USPTO Non Provisional Application => European Patent

Context: a USPTO invention non-provisional application (NPA) was filed in April 2019 as followup to a provisional application (PA). I am trying to understand who and what of filing the same subject ...
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2answers
160 views

Do I have the right to sell something that has a patent if I started selling before the patent was active?

I currently sell bed bug traps on Amazon. I've been selling them since March 2017. Recently I received a complaint from the rights owner of this patent: https://patents.google.com/patent/...
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1answer
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US Patent Law: Can a consumer of patented technology be held liable?

Under US patent law, if a company releases a product or technology based on a patent which they do not have the rights to, can the end-user / consumer of this product or technology be held liable by ...
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2answers
30 views

Most economic approach at getting something protected under US patent and european patent

Before asking the question, I’d like to state some intentions to avoid answers going in the wrong direction. This question is asking for advice on cost reduction/optimization The purpose of the ...
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2answers
64 views

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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2answers
94 views

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
77 views

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
25 views

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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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
24 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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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
86 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
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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
73 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
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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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Can I privately sell a patented plant?

We have around 15 plants on our balcony which are patented 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 ...
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3answers
89 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
17 views

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
598 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
33 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
81 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
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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
39 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
114 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 ...
2
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1answer
108 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
58 views

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
65 views

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
47 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
32 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
48 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
141 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 ...
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1answer
52 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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84 views

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
90 views

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
31 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
38 views

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
328 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 ...