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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Contracting with a prototype maker in China from the USA

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 ...
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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 ...
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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 ...
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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 ...
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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?
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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?
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1 answer
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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 ...
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1 answer
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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 ...
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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?
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2 answers
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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 ...
7 votes
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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 ...
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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 ...
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Do patent law firms also have services to help you license / sell your patent to large entities?

Let's suppose that a micro entity, solitary inventor with a day job, has successfully filed a utility application for a patent to their invention using a law firm. Now they are exploring options to ...
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Filing a patent without 100% ownership

Along with a co-inventor, who is employed by company ABC Pty Ltd, you invent "Gadget Thing". (To be clear: you are not employed by ABC Pty Ltd.) It looks like a great, first-of-field ...
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Is it possible (and is it common) to negotiate a global licensing deal just by using a patent in the USA

If an inventor has a patent for an invention in the USA, then this would be tremendous amount of leverage as the USA is obviously an enormous consumer market. If a large corporation wants to license ...
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"Publishing" by sending idea to potential manufacturers

Related questions: Way to Claim an Idea for under $200 How to prevent others from getting a patent on my idea? One person patenting a biology researcher's published idea Is publication sufficient ...
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How to make sure something cannot be patented?

Suppose I invent something and I want anyone to be able to use my invention for free. I can't afford to patent it and release it under an open source license. Can I make it unpatentable by simply ...
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One person patenting a biology researcher's published idea

If a biology researcher publishes a paper indicating that a certain molecule can be used to treat a certain condition, can another person then patent that molecule or would the right to patent that ...
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How exactly are video game patents granted?

I've been reading up on this and its all still a bit confusing. I read among us could have gotten there game mode patented but didn't. But on the other hand the Battle Royale genre can not be ...
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How to become a Consultant for a patent applications?

When certain firms apply for patents, I hear that sometimes they contact experienced engineers who act as consultants. Personally, I am an electrical engineer (Ph.D.) and I was wondering If I can do ...
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Is it legal to report the amount paid to the lawyer minus the disbursements lawyer had made by tax-year's end in 1099-NEC "Nonemployee compensation"?

Assume X,Y are positive real number and X<Y. Suppose $X is the amount the patent lawyer disbursed to entities to file the patent for review including amounts to foreign examining agencies to ...
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0 answers
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What is the difference between the patents register and patents journal in the UK?

Whilst studying for my CIPA foundational exam 'UK Patent Law' I am coming across two terms: 'the patents journal' and 'the patents register'. The patents journal is published by the UK government ...
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Is it patent infringement to produce patented goods but take no compensation?

There are many experimental tools in biological research that cost researchers an exorbitant amount (for example, single-cell RNA sequencing technology) - would someone be infringing on a patent (or ...
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1 answer
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Can you have a software patent for a method that can be done in way one only?

Is it possible to patent a software to do something which can only be done in one way due to limitations well known to everyone? Here is the scenario, I want to acquire an image from a digital sensor ...
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Patent applications prior to assignment from all Inventors (assume all *will* cooperate)

Company X is the sole applicant for a patent application that has now entered National Phase. How problematic might it be that Company X has not yet obtained/recorded Deeds of Assignment from either ...
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1 answer
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Do design patents/copyright cover "remixing" of spare parts?

Given a design patent, that covers a specific product. Do I infringe on that design patent, if I take a visible and identifiable spare part (which contains no branding) and use that part in a ...
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Can an abstract idea constitute prior art in a patent case?

I own a patent on a text search and retrieval method. The examiner had cited a nebulous concept as prior art, but my attorney was able to discard that, and the patent was issued. I'm now concerned ...
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Patent litigation retaliation clause in Apache 2.0 vs MPL2

The Apache License 2.0 has the following in Section 3: If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a ...
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To what extent, and by what legal authority, do patent holders have a duty to share their patents

This is a spin-off from Do patent holders have an obligation to make their patents available? To what extent? and particularly from this answer by Robbie Goodwin. In that answer Robbie Goodwin asserts ...
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Do patent holders have an obligation to make their patents available? To what extent?

The company ASML Holding N.V. is, quote Wikipedia: "the sole supplier of extreme ultraviolet lithography (EUV) photolithography machines in the world" This means that ASML has a monopolistic ...
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Could attorney 2.0 be a new way to get legal representation?

I'm thinking about getting a patent and was wondering about an alternative to spending $400 per hour on one attorney. What if someone spent $200 and got 2 attorneys/law firms that work together ...
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How common is it to get a patent when you don't consult a patent lawyer?

If my memory servers me right, I read on Law StackExchange it's possible to get a patent in the United States for as little as $80, which may or may not be a correct statement. Unfortunately, I feel ...
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Can a patent lawyer hold a patent or is that a conflict of interest?

Is there a law that prevents a patent lawyer from using his position to modify failed patents he hears about and create a successful patents for himself? I can see that being a conflict of interest.
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Is this Patent infringement?

I had this question posed to me: After reading a live patent for a hovering skateboard, Laura is curious to see if the skateboard will actually hover and decides to make it and to test it. Laura ...
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A lawyer with an E&E Engineering Degree with no Background in Intellectual Property

I am a lawyer with an E&E Engineering Degree and want to do Intellectual Property work online (Upwork & Fiverr) however I have no experience in the field. I want to learn as much as possible ...
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1 answer
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What is the effect of lost and recovered prior art on patent validity?

Normally, the existence of prior art containing matters for which a United States utility patent makes claims to patent rights prevents a patent from being issued for those claims, and if a patent ...
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1 answer
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Is Simplex noise still patent protected? (What is "anticipated expiration"?)

According to the Wikipedia page on Simplex noise: Uses of implementations in 3D and higher for textured image synthesis are covered by U.S. Patent 6,867,776, if the algorithm is implemented using the ...
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Can you patent natural things?

Can you patent simple things that exist in the world naturally? By simple things I mean like a neem stick toothbrush or Turmeric power?
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1 answer
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Is it possible to use for commercial purposes code released with a license which allows it, even if it was patented afterwards?

This software was released as open source 2 years ago: https://github.com/lululxvi/deeponet The license allows commercial use: https://github.com/lululxvi/deeponet/blob/master/LICENSE However, end of ...
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Is code on Github safe against US claims?

I run a smaller non-US company producing hardware-related code. Since the code is hardware related I might patent it (the entire system) outside US at some time. I want to use Github to store my code ...
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Patent infringement of an announced product

Let's say that company A announces a product that infringes a patent of company B. Company A makes marketing actions (promotion, future customer acquisition and so on) but doesn't sell yet the product ...
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Can a game asset violate a trademark or a patent of a product?

Can placing a model of a real life recliner/keyboard/car in my commercial game, violate the trade-dress/trademarks/patents of the manufacturer/brand if it looks and functions like the real thing? Or ...
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Public Figures, Patents And Inventions

Is there any law or regulation that prevents or regulates the inventions made by public figures? Public figures are people with hobbies and maybe some dedicate their free time to research. Will they ...
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How to prevent others from getting a patent on my idea?

I have a good product idea. But I don't have enough time or money to transform the idea into a real product. Instead, I would like to prevent other companies or individuals from getting a patent on ...
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Does secret or semi-secret prior art invalidate granted patents when presented?

An example would be inventions from the former Soviet Union that were officially secret, then some became semi-secret as they leaked into the public realm but so obscure that only very narrow circles ...
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1 answer
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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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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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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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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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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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