1) Getting a patent on software that uses conventional technology to implement a set of rules for a structured human interaction is very difficult given the current Supreme Court view of this subject matter.

So figuring out an interesting way to hold an auction for dog food and then... View More

I hope that you took advantage of one of several ways to expedite the review of your patent application. Many companies will not engage in serious licensing discussions until you have a Notice of Allowance. It is just hard to tell whether you will be able to obtain commercially useful claims when... View More

This is a great question. This happens all the time.

Assume that Betty invented the basic bicycle and you have invented the mountain bike. Your improvements to the basic bicycle may be sufficiently non-obvious to merit your own patents. At that point Betty cannot make your mountain... View More

You cannot patent a saying. Perhaps you want to seek a trademark. If so, you should re-post this question for trademark attorneys to comment.

With the tips in this slide set, you can use Google Patents and the USPTO patent database to answer this question and to additional questions that might arise.

Good luck

https://bit.ly/Patent__Searching

Kevin E flynn

If by reinstate you mean revive a patent that expired early from an unintentional failure to pay a maintenance fee, yes that is relatively easy (there is a fee paid to the USPTO) as long as you just recently discovered the failure to pay and the failure to pay was unintentional.

If you are... View More

Patent term is more confusing than it should be. The one part that is simple, is that patent term is not a function of the technology. There is not a way for the applicant to apply to extend the patent term (unlike trademarks or copyrights). (but as noted below, there are things that can shorten... View More

You should discuss with your patent attorney whether it makes sense to file a petition to revive an unintentionally abandoned patent application.

https://www.uspto.gov/sites/default/files/documents/sb0064.pdf

If the abandonment was indeed unintentional, then the fee to revive may... View More

Here is a slide set that explains how to search for patents or published applications. https://bit.ly/Patent__Searching

I hope that this helps.

Kevin E Flynn

I do not see any indication that this is a patent law question.

This seems to be a business dispute that will turn on the facts. This is not a good candidate for a web site Q&A. You will need to find an attorney that handles business disputes in the relevant state and lay out the... View More

Justia needs to change the user interface. Many users think that the patent that they are looking at is attached to the question conveyed to the patent attorneys. This sort of question without the patent number of the patent at issue is a common event.

Either Justia needs to warn them... View More

All that was posted to the patent attorneys was "I need a patent lawyer to pursue Apple Pay for this patent" It is not clear what patent you are talking about.

To the extent that you believe you have a lawsuit for patent infringement, then it is not a good idea to share that in... View More

A patent should not be issued if the patented claims read on a product that was on sale before the patent application was filed. It would be unusual but not impossible for a patent to issue from a patent application family that stretches back 10 years.

The patent may be for a very narrow... View More

Most interactions between a patent attorney and the United States Patent and Trademark Office do not require a signed Power of Attorney. So it is possible that the attorney will not file the Power of Attorney unless there is something to be submitted that requires the Power of Attorney form.... View More

I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get... View More

There are many types of software. Some software running on a general purpose computer is the glue that holds together a business that works with people to achieve a purpose. While this software is important to the business, if it is merely a reflection of how the people interact together, then it... View More

I cannot speak for Samsung but a more common pattern is that the big company does not want to talk to you at all until you have an issued patent. Sometimes they will talk to you once you have a patent application filed. But at that stage it is not clear whether you will obtain rights at all.... View More

I will augment the first answer and not repeat the points made there.

For someone to seek pre-issuance damages in the US, they would have to send you a copy of the published application and your product would need to be within the scope of the claims in that published application. Further,... View More

You asked -- I want to know if I could use the patent US20050149421A1for free in European Union.

A few clarifications. First US20050149421A1 is not a patent. It is a publication of a patent application that did not mature into a patent in the US.

So this particular document does... View More

Good luck on your journey. Eventually you will need to work with a patent attorney if you want to protect your idea.

But it does not hurt to get some general orientation before you reach out to a patent attorney. Knowing some of the lay of the land and vocabulary will make you more... View More