Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent

learn more… | top users | synonyms

0
votes
0answers
3 views

Should I mention the right position for acquisition of images in my patent

For an application of machine vision which should I claim: ... a camera to capture images from the surface of Y... vs. ... a camera to capture images from the surface of Y, located under the ...
0
votes
0answers
6 views

Use of “means plus function” language

This link advice against using "means plus function" Once upon a time, we patent attorneys liked "means plus function" language in claims because it seemed to allow us to claim all possible ...
0
votes
0answers
5 views

Can I refer to a dependent claim, to a word that is in the claim that the dependent claim depends on?

For example: It is a system comprising X, Y, Z The system of claim 1, wherein X is W The system of claim 2, wherein Z is P connected to W In the claim 3, I need to refer to both Z (which is in the ...
0
votes
1answer
10 views

Can a claim be rejected if it lacks a clause that Prior Art includes?

Prior Art: A system which detects X and makes an alarm Claim: A system which detects X
1
vote
1answer
14 views

Do they regard the whole claims to reject a patent based on Prior Art or only independent claims?

Let's bring an example (note I am naive in writing or understanding claims): Independent claim 1: It is an awesome equipment to detect X, dependent claim 2: the equipment of claim 1 detects X ...
1
vote
1answer
21 views

Do they regard the whole claims of my patent for detecting the patentability of others' application or only my independent claims?

Let's bring an example : Independent claim 1: It is an awesome equipment to detect X, dependent claim 2: the equipment of claim 1 detects X using a fork. If it was granted, would it mean ...
0
votes
0answers
15 views

Can I broaden a patent while it is tested to work with specific conditions and environment?

Suppose that I am going to file a patent about defect detection of a specific equipment based on machine vision (even its technology belongs to X company) I implemented the system and it works for ...
3
votes
1answer
43 views

What is the role of dependent claims?

I am very new to filing patents, What is the role of dependent claims? Couldn't I just have one claim with any details required? What is the difference in haveing one, two, or ten claims? When I ...
2
votes
1answer
20 views

US 2013/0206605 A1 too broad, little novelty

To include production of hydrocarbons in title of this application is over-reaching. Where is the disclosure to support its inclusion? Shouldn't there be a way to sanction those who pollute the ...
1
vote
1answer
14 views

How detailed can be independent claims in a PCT utility application?

I am currently writing claims for a PCT utility application. It appears my independent claim is rather lengthy and can be broken down into many dependent claims, but that is not what I am after. My ...
1
vote
1answer
26 views

Are such broad claims as in US 2014/0019309 potentially granted?

In reference to the patent: US 2014/0019309. Claim 5. The method of providing individuals a first means to shop and purchase items. Is it possible to patent such a broad claim in 2012?
2
votes
1answer
14 views

Claims with reference to single dependent claims

I understand that one cannot claim with reference to a multiple dependent claims as set forth in MPEP 608.01(n) Dependent Claims[R-11.2013]. However, can one have claims with reference to a single ...
1
vote
1answer
12 views

Patent specification

In reference to the patent: US 2,738,257 Has the patent been granted for the complete method or for the compound mixture?
2
votes
1answer
51 views

Does my product infringe on claim 1 of EP 2342386 A1?

I am producing a rainwater collection system and am not sure if the current system infringes on Nigel O'driscoll's Rainwater harvesting system (EP 2342386 A1), which is listed as follows: A ...
1
vote
1answer
46 views

How strict are patent claims?

If there were a patent US1111111, which read: US1111111: A "thing" for doing something. The invention claimed is: A "thing". A "thing" of claim 1, which uses a "thing ...
0
votes
0answers
8 views

Is traditional plant material improvement sufficiently descriptive to be considered full disclosure

Patent WO2008110876 A1 discloses a method to enhance the oil production capability of tobacco seeds by means of either mutagenising (chemically inducing mutations) or hybridising existing varieties of ...
1
vote
2answers
25 views

Reply to office action scope

If you reply to office action does the same rules apply as in normal amendments? That is: That is you may not amend beyond the scope of the original body of the specification. You may not amend ...
1
vote
1answer
34 views

Mobile Payment patent: Why is the last step of Claim 1 there? It seems to contradict the second to last step of Claim 1

In this mobile payment patent: http://www.google.com/patents/US8639619, the last 2 steps of claim 1 are: providing the token and the payment amount to the payment-processing entity, via the ...
0
votes
0answers
15 views

How to find the owner of patent US4726817 [duplicate]

How do I find the owner of patent US4726817?
1
vote
1answer
63 views

Who owns the rights to plastic spoons now? (US D234017 S)

In reference to the patent: USD234017 Who owns the rights to plastic spoons now? Their patent was only to last 14 years
0
votes
0answers
35 views

I have a SaaS model and I just found a patent with broad claims

I have a SaaS model and I just found a patent with broad claims that is potentially close. I was very surprised to see it was granted as the majority of the claims in the patent are derived from a ...
3
votes
1answer
72 views

How can I find the claims of US 918,884, which are not listed on Google Patents?

In reference to patent US 918,884, where can I go to find the claims of this patent? Google Patents appears to have a recursive link for where to find them.
3
votes
1answer
119 views

If a patent refers to the use of a “strap”, can I use a “chain” instead and not be in violation of the patent?

A patent claim states a "strap used to suspend the motor". Can I use a chain to suspend the motor and not be in violation of the patent. I looked up the definition of a strap and from what I can tell ...
0
votes
1answer
60 views

Has this patent been approved?

In reference to the patent: US20020043764 Has this patent application been reviewed and registered? I cannot find that information. The assignee is stating it has been, but I have yet to see it.
4
votes
1answer
82 views

What is the relationship between US20080195499 and Bitcoin?

In reference to the patent application: US20080195499 We found a patent that seems to cover sending and receiving funds via Bitcoin. I'm curious of how this might affect Bitcoin and existing ...
1
vote
1answer
133 views

An obvious prior art… mobile phone

Shouldn't an obvious prior art of this claim be any smart phone / mobile phone with video screen, speaker and a port which load images for display? What is claimed is: An electronic media ...
0
votes
0answers
64 views

Dependent claim from invalid independent claim

I'm following an Inter Partes Review where the petitioner is trying to invalidate every independent claim of a patent based on prior art. If this is successful, some dependent claims will remain. ...
1
vote
3answers
84 views

I have a problem about the US Patent Examiner's requirement for the use of “a” rather than “the” in three of my claims

I am in the process of prosecuting a U.S. Patent application and have a concern regarding the way the examiner wants to change the wording of three of my claims. The examiner states that the claims ...
0
votes
2answers
75 views

What happened to dependent claims if referred independent claim rejected?

I have an independent claim in my application for software patent that could be rejected on grounds like "abstract idea". There are a few dependent claims with limitations that hopefully pass the bar. ...
0
votes
1answer
38 views

Which countries require a claim for using a PPA as priority date?

The book Patent It Yourself states: I recommend that your PPA contain at least one claim (to) prevent any challenge to your PPA by foreign patent offices for failure to claim the invention as of ...
0
votes
1answer
34 views

Why Large number of claims and figures are allowed and its Benefits?

In reference to the patent: US20120227389 How is it possible to apply and expect a grant with 353 claims and 545 figures? Why They are allowed? What are benefits? This person has granted patents ...
0
votes
2answers
48 views

Should I use math notation in a patent application in light of Alice decision.

I use some math notation in my software/method patent application to make the description precise. I am not claiming any mathematical operations. Could it be that just the usage of math notations ...
2
votes
2answers
79 views

What is the inventive step in CA2726258A1?

In reference to the patent: CA2726258A1, "Anti-tumoural effects of cannabinoid combinations". It looks like this patent application was actually a report done on a study about the efficacy of using ...
0
votes
0answers
8 views

Query on existing SDP attribute related to this patent

In reference to the patent: US20120195235 How is this different from existing SDP attribute "a=lang" as given in RFC 4566?
1
vote
2answers
55 views

role of “processor” in software method claims

I am wondering if I should explicitly refer to processor in software method claims, like "...comprising executing on a processor the steps of..." or it is enough to say "computer-implemented method" ...
1
vote
2answers
138 views

Software Patents after Alice decision

There are a lot of discussions about Software Patents in the Post-Alice environment. People suggested that it introduces great uncertainty in what could be claimed, if anything. I found a USPTO ...
0
votes
1answer
40 views

Is this patent just for the collar of the cane in 5 horizontal lines or for any crystals

In reference to the patent: USD679492 Is this patent just for the collar of the cane in 5 horizontal lines or for any crystals applied to any cane in any design ?
1
vote
2answers
72 views

What exactly is the patent on?

In reference to the patent: USD433631 Is the patent on the idea of a label that rips in the middle of the jar? Is there any way to find out more information about this patent?
0
votes
0answers
8 views

End of patent Self Cleaning condenser [duplicate]

In reference to the patent: WO2006045047A1 When does this patent stop, or comes free?
1
vote
2answers
143 views

Would I be violating the patent if I produced a similar product with completely different methods and had different intentions for product?

In reference to the patent: US7123424 I would like to make a similar product, but I do not know if I am violating their patent. It is very broad and obviously trying to protect it from being ...
1
vote
1answer
31 views

How is this inventive over Zagon application?

In reference to the patent: US20100273821 The pharmacological effects on each of the opioid receptors is different and the potency of available opioid agents at each of these receptors and indeed ...
0
votes
3answers
196 views

Single Sentence claim and use of semicolon -linker “; and” in claims

I have noticed a practice of putting "; and" before last statement in a claim. For Example in US20140180885 (claim simplified to clarify question) A method for ... comprising the steps of : ...
1
vote
2answers
41 views

When someone writes about an invention in a story that is actually a 'workable' idea or it can be developed as such

What if someone has a 'workable' idea for an invention that could be developed into a real 'device' or process that solves some important problems or an idea that can be marketed ; and one actually ...
0
votes
0answers
57 views

conditional statements (if, whether, etc.) in claims

What are there differences (if any) between the following examples of claiming conditional statements? I am mainly concerned with prosecution (BRI), although I'd obviously be interested if there would ...
1
vote
1answer
153 views

Is a patent enforceable based on a claim that is dependent on an independent claim that is not enforceable?

I would like to ask about the status of a patent if an independent claim is found to have been anticipated by a previous patent but a claim that is dependent on it has not. For example, what would ...
1
vote
2answers
105 views

New invention covered by claim of other invention

Suppose a patent application is filed, claiming a method+device that solves some problem. In the patent text it is written that the method can solve A & B, but it explicitly mentions that it ...
1
vote
3answers
144 views

Finding prior art rejects an independent claim

Suppose I find a patent (A1) with claims 1, 2 and 3. Claim 2 is dependent from claim 1. If I find a prior reference that rejects claim 1. What happens with claim 2? Is still valid? Should they ...
1
vote
2answers
61 views

Combinations of independent options creating exponentially numerous claims

I'm writing a provisional patent which has many variations. Several of the properties that make up a number of dependant claims are independent of one another. If I do one claim for every combination ...
1
vote
2answers
62 views

Best way to remove component in dependent claim

I read a guide that removing component from claim is not allowed, e.g. consider these claims: 1/ A table comprising: A screen A touch panel panel attached to the screen 2/ The table of claim 1, ...
1
vote
2answers
55 views

Deceased father's patent

My deceased father was the inventor of the patent number US3601948 A. I want to know who is the rightful owner of this patent since he has past?