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Messages - iper

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The patent application that published in March 2020 was filed before that so the examiner will look at the filing date which was before yours.

Oh I see, thanks but does it make a difference if the found art is also mine?
Can I cancel the application that was published in March 2020 and would that make its addition to prior art at the point of its publication or at the point of its filing by me?


Let's say I apply for a patent on January 2020.
The examination takes place on June 2020 and reveals that a published prior art exists and it was published on March 2020.

Would that mean that I can still patent my invention given that my filing was earlier than the publication of the prior art found?

Or since a prior art has been found, and regardless of its publication date, I will not be able to patent my invention?


Patent Questions and Advice / Overcoming prior art in patent
« on: January 15, 2021, 10:02:32 AM »

I have applied for a patent for an invention that examination revealed something similar. I have found a way to distinguish my invention by highlighting a particular feature but this is not explicitly mentioned in my description. What can I do?



Is there a website to check the titles of the submitted patent applications before they have been published?

Preferably, globally?



I have filed a PCT(1) which has been now published.
Just before the PCT(1) publication, I had filed another national Application(1) for the same invention where I included some additional things.

Is it possible that I now file a new PCT(2) with the additional things and claim priority over the Application(1) that I filed before the PCT publication?

Will my PCT(2) have to be novel over my PCT(1)?

I really want to proceed with patenting my Application(1) and not my PCT(1) so that I include all the details and additional things I want.


Patent Questions and Advice / Can an email be used to claim priority?
« on: January 12, 2021, 07:58:27 AM »

Can an email sent from an inventor to their patent agent, be used to claim priority over an invention or a component of an invention in a subsequent patent application?



Is it possible to patent two versions of a device in one patent?

I cannot come up with a unifying statement that encompasses both versions. They are very related but they are also distinct.

Is it possible to patent them in one patent? At least in US and EU?



My invention is similar to another patent. That patent lists in the first claim that is is a 'filtering device'.

My device has similar embodiment but it is a 'diagnostic device'.

Would that enable me to patent my invention or since the embodiment is very similar, it won't be possible?

Just to give an example:

Let's say someone patents 'a human sitting device that consists of a surface on four legs'. This is obviously any chair where people sit.
Is it possible that I patent 'a storing device that consists of a surface on four legs'? This is obviously any rack/shelve where you can place things on for storage.



If I patent a device that is quite similar to another device or a more specialised version of another device, does that mean that if I commercialize my device, I will have to obtain permission or pay royalties?

How different one device needs to be so that I can have the freedom to operate?



I was told by an IP lawyer that if a device is patented and it claims the use of a metal material, you can patent the same device and claim it to use a specific material, i.e. nickel.

Is that possible?

I am particularly interested in a device that has been patented to have any protein and enzyme which I am looking to patent to have a specific enzyme.


Patent Questions and Advice / Novelty outside preferred embodiment
« on: August 11, 2020, 12:43:26 PM »

In a patent, I read 'in a preferred embodiment, we have this characteristic [...]'

This particular characteristic is not explicitly claimed in the claims.

Could the same device be claimed with explicitly not having this characteristic?

In other words, when their description mentions something about 'a preferred embodiment', would it be novel to claim another embodiment without that specific characteristic?

Their claim is so broad that really prevents any other invention in the wider sector of this invention but they clearly have something specific in mind as they mention it as 'a preferred embodiment'. That specific thing that they have in mind is completely wrong and my invention does not have that (it is a property of a material and my invention may have the same material but definitely without that crucial for its function property).



A device I invented is unfortunately the same as another one that had been patented.
I am trying to differentiate myself but it is a rather simple apparatus and it is quite difficult.

However, there is a major difference in the function of the device and I wonder if I can claim a novel apparatus based on its function and not its composition.

For example, let's say you have a device that has specific molecules A inside. My invention is pretty much the same device with the same molecules A.

However, in the first device, the molecules are used to bind other molecules B while in my device they are used to convert the other molecules B.

The apparatus cannot be differentiated but the function is different. Would that be a novel patentable device?

If yes, would that be claimed as an apparatus patent or a function patent? And would I need to pay loyalties to the earlier investor for selling such device?



Is it possible to have a claim that is broader than what the description mentions?

Will this protect you against all the alternative embodiments that fall within that claim or your protection will only be limited in what the description says?


Thanks Brad.

May I ask why would it be risky to add the alternative version of the invention at the national phase? Won't I have priority from the date of the PCT filing? If not, I have filed a new application few days before the publication of my PCT, could that be used to offer priority if the material is to be added to the PCT?

I am also worried whether the addition at the national phase is considered 'added matter' and raises objections (especially at the EPO). Is there a way to find that out early?



I read that methods of treatments cannot be patented.

Is there a way to work around this?

For example, is it possible to patent the use of x-rays to kill cells if only the use of x-rays to image tissues was patented?

Basically the x-ray device is the same but you want to patent the use of that device to kill cells by simply increasing the intensity of the x-rays. I assume you cannot claim that the x-ray machine will cure cancer but cannot you patent the killing of cells with an existing device simply by altering its mode of function (i.e. increase the x-ray intensity)?


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