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

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5
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3answers
348 views

What's the best approach to document a claim?

I'm wondering what the best way to match prior art to a claim you feel is invalid. I have found examples applicants use with the USPTO, so I would imagine using that same format to invalidate a claim ...
2
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2answers
167 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 ...
3
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1answer
139 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 ...
2
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1answer
39 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 ...
1
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1answer
51 views

Definitions in dependent claims

I need to use certain terms repeatedly in my dependent claims, but do not need the same terms in my independent claims. I could define the terms in each dependent claim, but that would be prolix. I ...
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1answer
24 views

Understanding divided infringement in method claims

This question might be too detailed for this site, but I will give it a shot... This question relates to divided infringement and when a method claim will have multiple actors. Consider the ...
0
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1answer
13 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 ...
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1answer
70 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.
0
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1answer
43 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
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1answer
37 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
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1answer
53 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 ?
0
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1answer
345 views

Has a prototype been built to demonstrate the claims made by WO 2001053721 A1?

The publication number of the patent in question is WO2001053721 A1. Simply put, has a thruster been built and do the claims in the patent represent reality?
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0answers
15 views

Is something that a user does, an step of a method

Can I write a claim as: A method for detecting X comprising the steps of: Entering Z by the user, Specifying the dimensions of Y by the user ...
1
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0answers
39 views

Licensing Strategies and Negotiaitons

Q: What is your seasoned opinion on how to best proceed to negotiate a profitable and fair licensing deal under the following circumstances. I most appreciate opinions from those who have actually ...
1
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0answers
54 views

Necessity of math justification/motivation in a patent?

I don't know if its appropriate question here...but I anyway want to try... I have an algorithm in which I have a finite data in which each element is assumed as an element of a metric space with a ...
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0answers
38 views

Language in claim:definition

I am writing a claim in which I want to define an object, which is similar to (yet ever so slightly different from) many other like objects. I am doing it like this:"...designating one of said ...
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0answers
7 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 ...
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0answers
11 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 ...
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0answers
16 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
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0answers
17 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 ...
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0answers
9 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 ...
0
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0answers
36 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 ...
0
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0answers
79 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. ...
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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?
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0answers
69 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 ...
0
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0answers
105 views

How to get a patent invalidated?

Recently while I was writing up a patent, I discovered that another person has written a patent that is so badly and vaguely worded that it could be used to cover my invention. Whereas I offer clear ...
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0answers
30 views

How to word either A or B?

If I'm wording a claim for my cool device and I want to express that either option A (squarish flange type 1) or option B (roundish flange type 2) can be attached to my design, or any other type, how ...