Questions tagged [patentability]
For questions relating to the legal requirements necessary for applications to be granted a patent. Please include a tag relating to the relevant type of intellectual property protection you are asking about. There are invention patents, design patents and utility models. For an explanation of the differences, read the full tag description.
667 questions
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1 answer
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Advice on Final Action
I got my final action, and the SPE is a super tough guy with only 10% grant rate in three years. what I am shocking is their common sense or logic, I know I could win PTAB but it means nothing but ...
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Hardware implementation: patent for hardware to guard users against, downloading, (and using), [pirated software
What would happen if a patent was implemented for the following subsystem: a server stores all software (so that no junk is permitted on the server a hardware stores primes. The primes are ...
2 votes
1 answer
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What does the phrase "described in a printed publication" mean in 35 U.S. Code § 102, in a digital world
What does the phrase "described in a printed publication" from 35 U.S. Code § 102 mean, in a world where many publications are no longer technically "printed". How should this be ...
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2 votes
1 answer
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USPTO Examiner Procedures: Final Rejection and Response to Applicant's Arguments
Here is my application status and some questions? The 1st report rejected the application for anticipation, while the 2nd report, which was perfunctory and merely a formality, rejected it for ...
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1 vote
1 answer
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Can I use a patented product to make a new original product?
I'm looking to use YKK snap buttons typically found on baby clothes to make a new product altogether. The new product would use the YKK snap button along with other things and ultimately snap on ...
1 vote
1 answer
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Design Patent Drawing
I am learning the requirement of USPTO drawing for design patent, I am not sure why the drawing downloaded from USPTO looks like this, patent number: D1026488 D1026488 are the lines has to be dotted ...
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1 answer
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Looking for Information about the owner of the patent - WO2016017829A1 WIPO (PCT)
How can I reach out to Shotaro Tonomura, the inventor of the patent - WO2016017829A1 WIPO (PCT). It also says application filed by Toberu Kobo Co., Ltd. How can I find his contact?
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1 answer
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Qualification of a Patent - Automotive
This is my first post in this forum. Apologies in advance if this question doesnot fall in this scope of the forum. If not, please guide me on what to do. So, I have an idea in automotive. The ...
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1 vote
1 answer
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How to feel about the absurdly high invalidation rate in the US?
Hello I am an inventor with two granted US patents. My first was infringed but it was unenforceable because the infringer was not established enough of a company to make a good target for litigation ...
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what if a new feature is merely the first step to improving an existing process?
Let's suppose that a current process will be greatly improved if the ability to do X existed. Someone invented a feature that can be added to this process. This feature alone in the process does not ...
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1 answer
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is independent claim 2 acceptable
could I use below 2 independent claims in a patent? The apparatus comprise A, B, C: The apparatus might further comprise D, wherein whether D is needed or not depending on the function of the ...
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1 answer
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should I make every element clear in the claims?
I stated in the description that the strap is not necessarily FLAT, could this statement will be used in the infringement litigation when someone used a angle strap like below. Or I have to clearly ...
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1 answer
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how to interpret the "its broadest reasonable interpretation" under 35 U.S.C. 102
The examiner use part of the drawing to state that inventor anticipation, and has listed ALL my claims elements, but the prior art has no any words that either expressly or inherently described in ...
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2 answers
124 views
how to wording a claim that include all possible material and methods
I am not sure how to write a claim here in the illustration, when material can be metal, wood, glass etc, my understand is if I say mounting, then glue, clipping etc will be excluded? and can be get ...
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1 answer
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USPTO Rejection: 35 U.S.C. 102
I got the examiner reply that claims was rejected under 35 U.S.C. 102. I quote this from USPTO: “A claim is anticipated only if each and every element as set forth in the claim is found, either ...
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