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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10
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1answer
1k views

Does copyrighted code protect intellectual property rights on novel algorithms it implements?

Imagine you have come up with a novel algorithm to solve a problem, and have implemented it in, e.g., javascript, and have put its src, along with an appropriate copyright, on a publicly available ...
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3answers
232 views

How much “more” needs to be added to an abstract idea in order to pass the subject matter eligibility test for a patent?

In Mayo v. Prometheous 566 U. S. ____ (2012), the Supreme Court said (regarding 35 U.S.C. §101 subject matter eligibility): a process that focuses upon the use of a natural law [must] also ...
4
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2answers
5k 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
660 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 ...
29
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4answers
6k 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 ...
47
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6answers
18k 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 ...
12
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2answers
4k views

What if I don't patent my invention?

Say I invent something and choose not to patent it but start producing and selling it, then if somebody else goes and patents my exact design what happens to my rights to sell/produce that product?
16
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5answers
5k views

Could a charity manufacture patented medications for free?

Let's say there is a patented medication that is very effective and very expensive at the pharmacy, say $1,000/dose. But also assume that the medicine only costs $1 to formulate - most of the "cost" ...
6
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3answers
4k views

Is MagSafe patented such that no one else can make magnetic power supplies?

I'm talking about MagSafe, the connector used on some Apple power adapters that pops out of the socket easily, and snaps into place using a magnet, so that both the cable and the socket are unlikely ...
0
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1answer
102 views

File a patent disclosure after paper publication

We were trying to file a patent, but unfortunately delayed the submission of the disclosure. Now the paper is accepted by the conference, not yet published. However, we uploaded the paper in advanced ...
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1answer
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If one invents a real life portal gun, can Valve sue them for copyright infringement?

I am just curious, whether an owner of an artistic depiction of non-yet-existent device has any rights on that device in case it's actually invented later? Can owner use their rights, if any, to issue ...
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2answers
115 views

How to protect my idea in another country?

I have an idea about possible creation of a product that in my opinion would be on demand among smartphone users. I have found a potential company In Switzerland and I think about offering them my ...
1
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1answer
44 views

What does it mean for a patent to be subject to the provisions of Public Law 96-517?

Some NASA patents make reference to Public Law 96-517, using wording like this: The invention described herein was made in the performance of work under a NASA contract, and is subject to the ...
1
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1answer
115 views

In light of the Alice case, are patents for ideas such as HotOrNot still considered enforceable?

The Alice case seems to have set the precedent for invalidating a number of software/internet patents. I am curious what this implies for ideas (as well as implementations) which are obviously unique, ...
1
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1answer
291 views

Abstract Idea Definition

35 U. S. C. §101 highlights "laws of nature, natural phenomena, and abstract ideas" as patent-ineligible. The Alice/Bank case discusses abstract ideas and explains that in applying the §101 exception,...
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1answer
48 views

What is a technical standard from a Copyright law standpoint?

Take for example a technical standard, that covers some communication protocol or any arbitrary mathematical algorithm. It is an idea of some kind. Could this technical standard be patented? Licensed? ...
0
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1answer
73 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 ...
0
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1answer
67 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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1answer
62 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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2answers
92 views

Can patents for an invention expire? If so, how? If not, how can I get permission to borrow or buy it?

So I'm building a type of guitar that already has a patent on it. I had the idea originally but went online to see if anyone else had come up with the same idea and yes the invention had already been ...