Hot answers tagged

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 ...


6

This refers to adding a putatively useful feature to the thing. For instance, a drug can have a certain active ingredient, and the patent on the active ingredient can expire, but you may discover a way to make the drug more effective or in some other way more useful (e.g. by reducing side-effects) by coating it with a purple wax. This product can be patented....


6

A government, in this case the Brazilian government, cannot effectively control what people, particularly people who are not its citizens, do in other countries. If people are able to obtain and ship outside of Brazil supplies of the plant, then the Brazilian government cannot stop them doing research on it. However, the Brazilian government can largely ...


5

The patent number is D817,662. The D at the beginning of the number indicates it is a design patent, which only covers the appearance of the patent. Others are free to make products with the same function as long as the appearance is different enough. If the patent number was all digits, it would indicate a utility patent. Utility patents prevent others ...


4

Yes The parties have agreed that the remedy for a breach will be transfer of assets gained as a result. This is not a penalty and seems perfectly valid.


4

In theory "legalese" is English: you will find every word in the dictionary, and the rules of grammar are exactly the same. However in practice it is true that legal documents are often written in a very specific style. There are a number of possible reasons for this: The document must say what it intends very precisely. Most regular language is quite ...


4

Copyright and patents are two very very different things. Copyrighting a standard means the wording of the standard can not be copied without the copyright holders permission. It does not protect the ideas expressed in the document, just the way those ideas are expressed. IEEE standards, for example, are copyrighted by the IEEE and therefore you can't make a ...


4

It just doesn’t happen. It is prohibited for a patent examiner to get a patent or any interest in a patent other than by inheritance Pursuant to 35 U.S.C. 4, patent examiners, other Office employees, and Office officers may not apply for a patent or acquire any right or interest in any patent during the period of their employment with the Office and for ...


4

There's a few good reasons that spring to mind. Firstly, it's possible that Tesla or Microsoft have been themselves licensed something where the license is not sub-licenseable. This would prevent them from subsequently licensing you, but a promise/pledge is not a license and they can go right ahead and make promises. Secondly, a license is broadly an ...


3

Games can be protected by patent. You get some protection through copyright, but only on things like artwork and the precise text of the rules; someone could copy the ideas of the game with different artwork and not violate your copyright. You would need a patent in each country you want to protect it in. In general patents are expensive and complicated. ...


3

Maybe You linked to the publication of a patent application, not to a patent. Based solely on looking at the format of the number the answer would be, Yes, unless it eventually became an issued patent. As it happens, it did become issued patent US9066511B2. That would make the answer no. Since the application was filed before you started selling them, ...


3

In US law, a trademark application only requires that you are now selling, or intend to sell in the reasonably near future, a product (or service) using the specified name. You don't have to provide an example, or a design, and it does not have to be patented. The applicant might be planning to license someone else's patent, or to market off-the-shelf tech ...


2

The Patent Regulation Board of the Chartered Institute of Patent Attorneys and the Trade Mark Regulation Board of the Institute of Trade Mark Attorneys working jointly together as the Intellectual Property Regulation Board (IPReg) have the following rule in their Code of Conduct: Rule 18 – Publicity Publicity and promotional activity of ...


2

Drugs are also (re)patented for different uses. I see that two new patents were granted on uses of asprin recently (March 2019). MARCH 01, 2019 Jennifer Nessel, Assistant Editor The US Patent and Trade Office (USPTO) has granted 2 new patents related to a novel inhaled rapid-onset aspirin formulation (Asprihale, OtiTopic) in development to treat ...


2

According to Wikipedia's article on "Intellectual property protection of typefaces" a typeface, that is a set of coordinated shapes making up a set of letters and other characters, is not protected by copyright under US law, and was specifically excluded during the hearings which led up to the passage of the 1976 Copyright Act (the basis of modern US ...


2

Yes. A patent gives its owner the right to try to stop anyone from making, selling, offering for sale, importing or using the patented invention. In fact a method-of-use claim is not infringed by the maker or seller but only by the end-user when it is put into use. In practice there is usually no money in going after end user consumers. However, there was a ...


2

Ideas cannot be protected by either patents or copyright. If you have a great idea for a game, and I hear of it, I can use that great idea myself. What you want to do if you hire a software developer: Before you hire them, you don't tell anything about your idea that could let them copy it. If you have to tell them, then you make them sign an NDA (a Non ...


2

A patent can be fairly broad if it meets the requirements, two of the most important being novelty and non-obviousness. However, it is difficult for an idea to be broad and still meet the requirements. Let's use the Blackberry example. Blackberry almost certainly has some specific patents. But smartphone is way too vague. The desirability for something to ...


1

Making a pledge not to sue doesn't create any liabilities for you other than the liability that you cannot sue. Giving someone a license could lead to trouble, for example if a third party turns up with claims that they are the owner of the patent, and they obviously want damages, including payments for the licenses that you gave away. Same situation with ...


1

Patents can have very broad claims in breakthrough areas. US 2,524,035, the transistor - A circuit element which comprises a block of Semiconductive material of which the body is of one conductivity type and a thin Surface layer is of the opposite conductivity type, an emitter electrode making contact with said layer, a collector electrode making ...


1

Is there any sort of legal contract ... Yes, these are commonly called non-disclosure agreements. Anyone can draft them: lawyers do it more reliably than most. ... the disclosing party has already told the receiving party about the idea in the past (prior to the signing of the contract). If so, the discloser is what is known as f*%#~d - a technical ...


1

There are two issues - one is you do not want your disclosure to constitute a public disclosure as it related to patent law; the other is you do not want your idea taken by someone else. The first is easier - if you trust the people. They just need to agree, even verbally, that the information is confidential and is not a public disclosure. The second is ...


1

You can keep the idea/concept/invention confidential until you have enough money to file a patent. People with no previous background who write and file their own patents do not often end up with the protection they desired but it is possible for you to make a serious study of patent law and patent office procedures. I recommend David Pressman's Patent It ...


1

A Utility Patent protects the functional embodiment of the invention, not the "design or concept." Some parts of a patent might be covered by copyright in some rare instances (such as a photo). In other words, a utility patent prevents you from legally creating a functional copy or version of a patent-protected device. (Utility patents do also extend to ...


1

I will only address the legal question asked, about a fair use defense of such copying. I presume that the copyright holder has refused permission to use the figure for free (or perhaps at all), or else the right-holder is uncontactable. If the former, you have a good estimate of the chances of getting sued. Fair use is determined via a balancing act ...


1

Contrary to what is stated in another answer, the text and drawings of patents can be copyright in the U.S. From the Compendium of U.S. Copyright Office Practices: Patents, Patent Applications, and Non-Patent Literature The U.S. Copyright Office may register a claim to copyright in the written description for an invention or the drawings or ...


1

Patents are territorial - A U.S. patent allows you to try to stop infringers who make, sell, offer for sale, use (all in the U.S.) or import into the U.S. For example, a Chinese or German or Argentine located company can make it and sell it world-wide, except in the U.S. no problem at all. Other patent laws around the world are similar. For a Chinese patent ...


1

Foreign firms have long complained that enforcing their intellectual property rights in China is difficult due to local judicial protectionism, challenges in obtaining evidence, small damage awards, and a perceived bias against foreign firms. . . . Local Judicial Protectionism One major complaint levied against China’s IPR regime is that ...


1

The goal of these patent clauses is two-fold: that contributors cannot create patent traps. For example: contributor A makes contributions. Using the contributions causes A's patents to be infringed. Without these clauses, A could later sue the project's users. that someone who works against the project by claiming patent infringement doesn't simultaneously ...


1

That is going to depend on the relationship, if any, between (B) and (A), and the evidence, if any, that Peter instructed Alice to do (B), or in some way suggested (B) to Alice. It will also depend on whether Alice was Peter's employee, or a contractor, or if they had some other relationship for purposes of doing (X). It may also depend to some extent on ...


Only top voted, non community-wiki answers of a minimum length are eligible