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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53 views

USC / MPEP / Guidance Docs / Cases

I'm new to the world of law and trying to get a high level picture of things. Am I right to think of the structure of information (at least in the patent realm) as: USC title 35 = high level source, ...
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264 views

Literal Support Definition

In the context of patent disclosure: What is the nuanced meaning of Literal Support? Link to passage using the term Literal Support Written Description ≠ Literal Support “The test ... is whether ...
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Prior Art: Search Resources

I have searched for prior art in PubWest and patents.google.com. In addition I have searched the web (Google) for any prior art that would invalidate a patent for my die. That being said, is there ...
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80 views

Provisional Patent Scope Strategy

As I understand it the rigor required of a provisional patenta is less than that of a non provisional patent. A US provisional patent is to be filed this month for a device and I would like to ...
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58 views

Has this patent been granted or only filed?

I'm interested in implementing this technique in my app: https://encrypted.google.com/patents/CA2839098C?cl=en&hl=en But from this page I can't figure out it the patent has only been filed, or ...
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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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Is there reliable intellectual property protection in overtly international markets?

Say I have a device I wish to sell to airlines. This device provides incredible value for commercial flights, and I'd like to start a business selling it. I have a problem. Where do I patent my device,...
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152 views

Patent infringement

I am developing a portable water filtration system , but I don't want to patent the design or the technology as I want the technology to be an open-source hardware and software technology. So let's ...
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1answer
136 views

My name was not included in an US patent but I am the main inventor. What process I should initiate so that my name is included as an Inventor?

I found about the patent too late while searching for eventual patent. The main idea of the patent under question was entirely my own. It was first implemented in a prototype, and then a production ...
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33 views

Patent Disclosure?

If one mentions that one is perfecting a new device to a customer and mention that the problem has been solved, would this be considered to be disclosure and trigger the one-year clock to file a ...
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258 views

Using OFL SIL font to logo

I have a question. I download FontAwesome (SIL OFL licence 1.1). I took icon- bulb and expand it to curves in vector software. I edit that icon that the icon never look like original anymore. And I ...
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What exactly is the distinction between copyright and patent?

Both copyright and patent protect the owner of intellectual property. To my understanding, copyright is for an expression idea (e.g. art, book) whereas patent is more to do with the functionality of ...
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What is the jurisdiction for a patent?

For example, if I apply for a patent in U.S. will my rights over the intellectual property be held only in the U.S. or I could also claim my rights over an IP in some other nation, like India? Also, ...
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464 views

Client threatening me with patent

I created a computer program for a client and things went bad. I think the client is trying to scam me. The client sent me an email informing they have filed a patent to the program I made, and even ...
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305 views

Difference between copyright, patent and trademark

From one article by Richard M. Stallman, I came to know that copyright, patent and treadmark are totally different things and people are usually using the misleading term "Intellectual Property" to ...
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680 views

Replica of the product - what can I do, What can not

It's not clear to me how far can you move when you are making replica of something. On this example can you help me understand it better please? Let's say I would like to build the replica of the ...
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2answers
109 views

How Can I Become A U.S. Patent Attorney?

I'm a engineer with a diploma from another country, How would i proceed to become a patent lawyer in the USA? Will I have to make a full undergrad course or there is a shorter way?
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1answer
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Can I have a patent by discovering new application of a chemical compound

A compound called CxHyOz in the history has been discovered as an antibiotic for killing bacteria. But in the future when I discover a new application of it, for example I can use it as an efficient ...
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2answers
894 views

Can I be sued for unintentional patent infringement?

Based on my patent search, I don't think there is any existing patent that would cover the device I want to create and sell. But if I am mistaken, and I make a business selling my device, what is the ...
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2answers
302 views

As a startup, Should we avoid using React (reflecting on the BSD + patents license)

Recently, i read the following article : If you’re a startup, you should not use React (reflecting on the BSD + patents license). The example in this article : Fridgebook Inc. For the sake ...
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198 views

What "meritless patent litigation" has Facebook been victim too that the BSD + Patents license would prevent?

Facebook claims here, The patent grant says that if you're going to use the software we've released under it, you lose the patent license from us if you sue us for patent infringement. We believe ...
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557 views

Is it legal to use scientific personality tests like MMPI or IPIP on a website with ads?

There are a lot of personality tests developed by scientific organizations, which goes under different licenses. The examples are MMPI, different big-five personality tests, the test for smoking ...
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1answer
104 views

Validity of patent on Merkle Trees

Patent US4309569, published in 1982 and expiring 20 years later, describes an algorithm for creating hash trees (known as Merkle trees, after its inventor), used for data validation. How is this ...
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How is Lyft not infringing on Uber's patent?

Uber owns several patents, many of which are for systems that Lyft has as well. As such, how is Lyft not infringing on Uber's patents? For instance, just to pick an example, "providing on-demand ...
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1answer
517 views

Using the code from a tutorial?

If there is a game programming tutorial incorporate a full, working example code of a specific algorithm, technology (ray-casting or parallax-scrolling...etc), but the author marks it with copyright, ...
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128 views

Apple's magnetic charging port has been patented, but why wasn't a search engine?

Apple's magnetic port has been patented, and now no other company can use the same idea to build its charging ports. If this can be achieved for a charging port, I was wondering why a search engine or ...
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1k views

Is there a fair use for patents? Should a patent be licensed at a reasonable rate based on use?

Is there a fair use for patents? If so what would be the fair use? Also should a patent be made available at a fair rate. Can a patent holder block use totally or indirectly by demanding unrealistic ...
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1answer
81 views

ISA — Clone ARM Legally — identical functional specs, but different op-code?

We want to implement a processor that is functionally identical to ARM, but the op-codes it accepts are completely different. Hence, it cannot run an ARM binary directly. However, we can apply a ...
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2answers
61 views

Can the GPL be applied to non-software projects?

I have an idea that I would like to distribute, but I do not want any legal restrictions (as in patents) to be applied to my idea. The idea is not all software (it is a smartphone design), so would it ...
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1answer
434 views

How to establish a legal basis for exclusive use of names like Champagne

I heard that the name Champagne can be used only for sparkling wine produced in the Champagne region in France and recognized by an association there, and that it is prohibited to call other sparkling ...
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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, ...
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1answer
82 views

Do Patents have to be original?

Do patents have to be original work? I mean, if I have an idea and I talk about it online (say a forums), and then someone patents the idea a month later, can I sue that person for plagiarism or ...
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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 ...
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1answer
199 views

Can the U.S. government sue medical marijuana dispensaries for copyright infringement?

US Patent 6630507, which was assigned by The United States of America as represented by the Department of Health and Human Services, is loaded with the many medicinal values of cannabinoids, including ...
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236 views

Why do you have to accept a licencing agreenment before installing Java but not C++?

There is a license to use Java which you must accept before installing. Why isn't there one for C or C++? If there is, where can it be found? I'm guessing it has to do with how Oracle owns Java, but ...
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1answer
294 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
155 views

Is the statutory class under which patents are granted published anywhere?

The four statutory classes of invention are process, machine, manufacture and composition of matter, with exceptions for abstract ideas, physical phenomena and laws of nature. Whilst abstract ideas ...
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966 views

What is the legality of implementing an unrevealed killswitch in software?

In this hypothetical, the poster describes the following: during employment with his/her employer, the poster invents and patents a method (in his/her free time) that it turns out, is useful for his/...
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338 views

What impact does prior art discovered after (US) patent awarding have on enforceability and even validity of that patent?

If I were to be awarded a utility patent, certificate in the mail and all, and it was later discovered by me or someone else that prior art existed before the time of the initial patent application ...
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2answers
497 views

Can I work on patent-infringing software in private, then release it when said patent expires?

This is not a scenario I'm actually going through; this is just a thought I had. The situation proposed in this question is entirely hypothetical. Suppose some algorithm -- for this post, let's say ...
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0answers
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React - its license with a company that has patents

For various reasons I'm looking at developing some web frontends for some of our software and after spending a while looking at the available libraries out there I settled on React. Then I read the ...
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103 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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Q about consequences of a software license amendment regarding patents: Facebook's open-source "react"

UPDATE 22 Sep, 2017 "Relicensing React, Jest, Flow, and Immutable.js" (MIT license, PATENT file removed) https://code.facebook.com/posts/300798627056246/relicensing-react-jest-flow-and-immutable-js/ ...
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132 views

Is it a personal care or a Company care to correct the list of Authors of a Patent owned by the Company?

My name was missed in several patents issued by a Company with whom I was in the past. I contacted a very experienced Attorney in Employer-Employee Relations for an advice. His belief was that I ...
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1answer
2k views

In which sense is software cracking illegal?

I wonder which of the following behaviors are illegal in China: Cracking a software and using it. Cracking a software and distribute it without charging. Cracking a software and reselling the cracked ...
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44 views

How to properly record invention activites [closed]

I am doing some online search on inventions and patents. Step 1 seems to be keeping accurate records. They also say to have a couple of individuals sign and date the entries. I am assuming these are ...
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2answers
175 views

What happens when a contract agreement ends?

Before I start, I would like to mention that I'm totally new here, so apologies in advance if I'm posting in the wrong place. Please notify me of such before down-voting and I'll close the topic. I'm ...
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1answer
63 views

Interpreting provisions of Intellectual Property agreement with a University

I am reading an agreement that our Company is signing with a University regarding a research project. The agreement has one clause which states: Clause-x: Any IP generated in this Project will be ...
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1answer
251 views

Algorithm ownership in a “Startup” without an LLC

I am the "CTO" of a startup of 3 members. The main product will be a web application, and I have been developing it for the last 4 months -- no pay and under no legal agreement. One of my ideas for ...
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567 views

What is the legality of copying a game?

What is the legality of making a new game that is essentially the same as another, without using trademark names? For example if I make an obviously knockoff iOS game that is essentially something ...