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82

There is a history of "giving away patents", which allows the original grantor to foster innovation instead of stifle it. Here are some examples: Sealand Industries - ISO Shipping Container Patented the standard shipping container, then gave away the patent royalty free, allowing a revolution in ocean going shipping. Annually it is estimated that $440 ...


59

Can you prevent the government from using your patent? The opposite is actually true. If you patent something, and it is felt to be potentially of national security interest, then they can take your invention for the nation, produce it, and prevent you producing it or sharing the design indefinitely (though it will be reviewed annually). This has happened ...


53

You cannot deny the federal government the right to use your patent, but you can sue them for "recovery of [your] reasonable and entire compensation for such use and manufacture", see 28 USC 1498. Note that the statute refers to such use as being "without license of the owner thereof or lawful right to use or manufacture the same", that is, there is no ...


39

Producing or selling the invention are not the only ways to establish prior art. A simple publication detailing the invention would also suffice, from a strictly legal perspective (the publication qualifies as prior art under 35 USC 102). It is possible that the USPTO (specifically, the Examiner responsible for finding prior art to reject another ...


37

You cannot use a patented invention without permission A patent gives the owner exclusive rights to use it: not just profit from it. The only way you can use their patent is by licensing it. You cannot make any version of the software that uses the patented method, free or otherwise. Technically, the software you have now is infringing even if you never ...


31

Aren't computer programs mathematical equations? Any program can be represented mathematically. . . . But how are programs different from mathematical equations? . . . Don't encryption algorithms precisely come under the definition of mathematical equations? In the context of patent law, the "mathematical equations" that aren't patentable are those ...


29

No, they could not. The conditions of violating a patent don't revolve around monetary gain, so regardless of compensation they would be in violation of the patent.


24

That is not at all what USPTO is telling you. Courts do not simply "dismiss" patents - that isn't a terminology you'd ever see used for a patent that was found to be invalid. Timeline of events: United Industries Corporation brought a suit against the owner of the patent, claiming unpatentability. That case went to trial, and the court found the claim to ...


22

If I make a working prototype and upload it on youtube will it prevent others from getting a patent on the idea? Generally yes. If the core information is accessible to the public, it becomes "prior art" and cannot be patented anymore by someone else. That includes you. Depending on local legislation, you have a small time window to apply for a ...


19

Publish Your Invention In theory, any reasonably-findable publication should work just as well as actually getting a patent in terms of establishing prior art to prevent the issuance of another patent on the invention. Practice, however, is not always ideal. Judging from my experience patenting inventions, the patent examiners aren't always the best at ...


18

I would like to prevent other companies or individuals from getting a patent on the idea, so that someday I can continue the idea without a patent problem. Publication. One of the best forms of publication is a patent. It's not desperately expensive to file an application, with no intention of proceeding to grant. It gets published as an application anyway. ...


13

Algorithms are not subject to copyright. A particular implementation can be copyrighted, but an algorithm itself can't be copyrighted. Someone re-implementing the algorithm with their own code has done nothing to give you copyright claims against their work, and is not bound by any software license you use. That's what patents are for.


10

The Paris Convention for the Protection of Industrial Property allows countries to issue compulsory licences when patent holders abuse their patent rights. This specifically includes preventing the use of the invention or unduly limiting it's use. (2) Each country of the Union shall have the right to take legislative measures providing for the grant of ...


10

Software patents are illegal! In all Western patent-laws, it is clearly stated that software is not patentable. For Europe, here's the EPC, article 52: https://www.epo.org/law-practice/legal-texts/html/epc/2016/e/ar52.html (2) The following in particular shall not be regarded as inventions within the meaning of paragraph 1 [and are thus not patentable]: (c) ...


9

If you are producing and selling it, that is an absolute bar to patentability by anyone else (this is known as prior art). So if you are using it very publicly before they file, they can't get the patent.


9

Patenting does not require a working product in fields where the performance is predictable before hand. Chemistry and biology do have criteria regarding real results. The description in the patent application needs to be detailed enough that someone of ordinary skill in the field could make and use the invention. After company A gets a patent (might be 3 ...


9

Whether this is considered a trade secret (at least in the US) depends partly on whether you've taken reasonable action to keep it secret. If an employee thought it was OK to publish the algorithm, that's evidence that you didn't try very hard to keep it from getting out. Even if nobody's noticed it yet, getting the blog post taken down in't going to get ...


8

To add to the existing answer, what a company will patent is what they think will cost too much for a competitor to try to challenge. It does not have to be original, novel, or even discovered by them. It just has to be enough of an obstacle for competitors to defend their space - or (more commonly) to negotiate a mutual non-aggression pact with a competitor ...


8

Without a patent, your inventions are not protected (except as trade secrets). If you publish your findings, anyone can use them. It is possible to patent the specific design of your chassis. Design patents, which cover the specific aesthetic design of something, can be less expensive than utility patents, which cover functional aspects. Although your ...


8

No Because it’s patented in country A, it is not novel anywhere in the world. That is, the patent in country A is “prior art” that would disqualify it from being patented anywhere else. The original patent holder can patent it elsewhere because patent law has an exception for that.


7

The whole purpose of a patent is that the contents of the patent becomes public knowledge, in exchange for a time limited monopoly. Therefore you are allowed to do anything, since you are not just allowed but expected to examine the patent in order to improve on it, except that you need a license to sell or give away products implementing the patent as ...


7

The title of your question suggests that a patent is involved, but it isn't clear from the rest of your question if that is really the case. Simply seeing a product on the internet does not mean that there are any patent rights attached to it. If a patent does exist, then that patent's protection is defined by its claims. In the US, if you make or use an ...


7

If the details of your implementation are not disclosed by the previous patent, and more generally, if they are novel and non-obvious in light of the entire body of prior art (including the previous patent), then you could obtain a patent whose claims are limited to implementations that include (some of) those details. That said, your patent would not ...


7

You are correct that it is quite expensive to patent something in U.S. law. Under U.S. patent law, once an idea is publicly published, if no one else has a patent application for the same idea that is pending, the idea enters the public domain and no one can obtain a patent of that idea. The publication become "prior art" with respect to any future patent ...


7

Yes you can do this in the UK. Section 60 of the Patents Act 1977 has a specific carve-out for this kind of activity: (5) An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not do so if; (a) it is done privately and for purposes which are not commercial; (b) it is done for experimental purposes ...


7

Of course windmills/turbines in general are not new and one would not need a license or permission to make and sell a "generic" wind turbine. But there are new types of wind mills invented and patented all the time. Examples are US7821148B2 Wind turbine and US8441138B2 Wind turbine. Patents are complicated and an inventor of a new type of windmill ...


7

No - prior art essentially means “published prior art”. If a company decides to keep something a trade secret rather trying to patent (this involves disclosure) they take a chance that someone else will independently invent and patent it. Under the 2012 AIA law in the US such a company can have limited rights to keep doing what they were doing, where they ...


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