rhymes_with_dorange
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If I don't want to patent something, what can I do to ensure the patent office doesn't unintentionally grant the patent to someone else?
39 votes

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 ...

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If I don't patent my invention, how closely can a competitor copy my product?
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8 votes

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 ...

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Can I build something for personal use if it is patented?
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7 votes

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 ...

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Can you patent something that is an implementation of another patent?
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7 votes

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 ...

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What field of law would I specialize in for cases dealing with technology?
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4 votes

Patent law, especially patent prosecution (writing patent applications and working with the US Patent & Trademark Office to get those applications granted), is the most common area of law for ...

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Is there reliable intellectual property protection in overtly international markets?
4 votes

First, even if your competitor is operating outside the jurisdiction of your patents, you also have protection from the use and import of the infringing products, not just the manufacture and sale. ...

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Would creating software that functions in a similar way to existing software be illegal?
4 votes

The software being free and open source has no impact on whether it infringes any patents or violates any copyrights. Copyrights attach to fixed representations of creative work in a tangible medium (...

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Protecting IP of video subject
3 votes

No license can create patent protection for the subject of your videos. Licenses apply to the copyright that is inherently created when you create the video. Patents can only be obtained by applying ...

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File a patent disclosure after paper publication
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3 votes

In the US, you have a 1 year grace period from the time of public disclosure to the deadline for filing the patent application. This can lead to a US patent, which can be used to sue anyone infringing ...

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What happens if open hardware infringes existing patent?
3 votes

I've answered this in the context of US patent law, but similar principles apply elsewhere in the world. As stated in 35 USC 271, "whoever without authority makes, uses, offers to sell, or sells any ...

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Prior Art: Search Resources
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3 votes

Many patent applications do not publish until 18 months after they are filed, but can be used as prior art as of their filing date. Therefore, it's not possible to find all the potential prior art ...

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Are technology patents useful?
3 votes

Yes, technology patents are useful. Regarding the Amazon patent you referred to, it only covers Amazon's one-click ordering (and similar single-action ordering), and it is immensely valuable to ...

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How to protect my idea in another country?
3 votes

You can file a U.S. provisional patent application now, which you can then convert into a regular ("nonprovisional") application within a year. The provisional application is relatively simple and ...

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Kellogg v National Biscuit Co
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2 votes

Kellogg v National Biscuit Co is the foundation for the functionality doctrine. Essentially, this ruling means that product designs that are intrinsic to functionality cannot be protected under unfair ...

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Anticipating "novelty" in patent law
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2 votes

Your interpretation is mostly correct on both points. The previous patent would need to disclose a device with A, B, and C in order to anticipate the claim of the present application. A diagram ...

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Government Patent Licensing Rights
2 votes

Licenses are not standardized. The terms of the particular license would dictate whether that activity was allowed.

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Patent Claims: software vs machine taxonomy classification
2 votes

The patentability issues you appear to be concerned about (specifically, those relating to subject matter eligibility under 35 USC 101) are not based on a distinction between labeling claims as "...

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Are patent figures protected by copyright?
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2 votes

The USPTO website states: Subject to limited exceptions reflected in 37 CFR 1.71(d) & (e) and 1.84(s), the text and drawings of a patent are typically not subject to copyright restrictions. ...

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Is an overly generic patent claim for turning metadata into displayed web pages actually valid?
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2 votes

The document in question is a patent application, not a granted patent. It appears that this application was eventually granted as US Patent 9542538. However, as often happens, the claims changed ...

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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?
2 votes

Correction of named inventors is covered under 35 U.S.C. § 256. If all the parties agree that you should be named, the inventorship could possibly be corrected by a petition (and a fee, most likely) ...

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How can I sell my business idea in exchange for a job at the company that might be interested in it?
2 votes

An NDA may not get you very far--I would recommend first filing a provisional patent application, which can later be followed up with other applications as addressed in my answer to your other ...

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Can someone invalidate my patent because others manufactured my product too?
1 votes

35 USC §102 spells out the criteria for what counts as prior art in the US. In the case you've described, where the invention is first disclosed by you (e.g., by your sale of the product), then others'...

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Could one legally duplicate a commercial product's design for their own personal use?
1 votes

Patent rights do not only protect against commercial use. 35 U.S. Code § 271 states that "whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United ...

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Has this patent been granted or only filed?
1 votes

In the Google Patents listing you provided, the publication type says "Grant", so this appears to be a granted patent.

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GMO Patents: Organism specifc or generic
1 votes

Patentability requires both that the patent application enables others to implement the claimed invention, and that the invention is novel and non-obvious in light of the prior art. Enablement (which ...

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Can I have a patent by discovering new application of a chemical compound
1 votes

You may be able to obtain a patent for a method of using the compound to treat diabetes, so long as the method is novel and non-obvious. If the prior art does not describe using the compound (or ...

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Contract generation via templates
1 votes

The reason that this patent application is still pending after more than a decade is that the claims they tried to get in the original application were indeed far too broad, and they have kept trying (...

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