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Patent Questions and Advice / Re: Does including a patent as a reference imply protection?
« Last post by Brad on February 04, 2023, 01:12:38 PM »
Unfortuently you cannot get that from the patent office.  If your patent cites old_patent_123 and then your patent is allowed that just means that the patent examiner thought your idea was different enough from old_patent_123 that it could be its own invention.  It does not mean that you are clear and not infringing on old_patent_123.

Another simple example would be a bicycle.  If old_patent_123 claimed a bicycle with two wheels and you made a bicycle with three wheels you may get your own new patent approved because it was different than old_patent_123 with two wheels.  However, your three wheel bicycle also includes two wheels plus a third wheel so the owner of old_patent_123 may enforce their patent against you because your bicycle has two wheels.  the fact that you have three wheels does not matter because your three wheel bicycle also has two wheels (2+1=3). 

I understand your example and completely understand that there are infinity-1 patents out there and nobody is going to review them all. I also am getting the understanding that the patent office doesn't actually explicitly protect you from anything, but really just helps you put a stake in the ground saying I thought of this on this date - maybe somebody else already thought of it, maybe not.

But, to be clear, let's say in your example that your patent referenced a known patent 123. Is there any precedence that might imply that you are protected from being accused of copying/infringing that specific patent 123? Again, I understand that there might be other patents out there that are possibly an issue, but I'm talking about a specific patent that you referenced. Thanks!
PatentFile Website Questions and Reviews / Re: Patenting Formulas for Hair Care Set.
« Last post by Brad on February 03, 2023, 11:15:52 AM »
Only the true and first inventor can file the patent.   If you did not create this then you cannot apply for a patent.

1.  This means your invention was classified into those classes.  More on classes here:

2.  This is the processing group.  It goes there first and then to an Examiner.

3. and 4.  In your case they are expecting the report from the examiner in 7 months from the date you accessed that page.  So this will be around September 2023.

PatentFile Website Questions and Reviews / Patenting Formulas for Hair Care Set.
« Last post by aihermes on February 03, 2023, 10:53:46 AM »
Hello everybody,

I am originally from Morocco. A year ago I went there for vacation I was able to buy a formula for natural Hair Care Set that is composed of Hair Oil based of Argan Oil, Herbal shampoo and Herbal Hair Moisturizer.

What will it take to patent these formulas/Products.

Hello Brad!
   I'm Vietnamese. I make and filed application utility in USPTO via EFS-Web by myself. I'm e-file was authentication by USPTO. I have some question to need you help.
 When I check in my Private Pair I see some information look like under :
1 - In the Tab Application Data they show : Class / Subclass:   224/430000 -> Is this line mean my application was classified or not classified yet ?

2 - In the Tab Application Data they show  : Group Art Unit:   OPAP -> What does this mean ?

3 - How to USPTO calculate number of months to the First Action ? USPTO will be calculate month to the First Action begin the month after month of filing date or begin the month after month of Status date ?

4 - In the Tab First Action Prediction they show :
Application Serial#: 17854269
Group Art Unit: OPAP
Application Status: 30 Docketed New Case - Ready for Examination
Filing Date: 07-JUL-2022
No. of months to First Action: 7

What will I do now ? I need some advice from you for my case .

Do you have service to answer for Office Action of USPTO ? If you have this sevice I want to use and I ready to pay for this service.

Hoang Nguyen.

Thank you!
Please send me an email or request a quote using this link:

Thank you,

No those would be two different things.   Remember, the patent office only cares if you are claiming a new idea.  They don't have the authority (or ability) to look at things like infringement.

Here is a crude example.   I could possibly get a patent on a new iphone case if my case is new but that does not mean I can start selling iphones with my case because Apple likely has 100+ patents on different areas of the iPhone. 

I have an item that I'm looking to patent that is already in existance Patent expired but I have modified to work in another industry so the only thing I had to change was the way it mounts and the slides on the fixture it's self I already have a prototype that works and would like to get it to market but would like to patent if possible before doing so I feal certian it will be coppied if I put it out there without some kind of protection before doing so, please help I,m new to the patent world
Hypothetically, say patent A references existing patent B, and patent A gets approved. Is patent A then protected from being accused for infringement by patent B owners?

From what I have gathered, the answer seems to be not necessarily, but I'm very new to all this. Thanks in advance!
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