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6
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2answers
3k views

What is a continuation patent?

I understand that a continuation patent builds upon an existing patent (or application) by the same inventor. However, I find some aspects to be murky and prone to misuse. Specific questions follow: ...
5
votes
2answers
493 views

Does prior art need to cover all claims in a patent application in order to invalidate it?

If there are several Claims in a patent application, can prior art for one of them invalidate the entire patent application since all the other claims are dependent claims? Or does that just mean the ...
5
votes
2answers
442 views

Apple designs were not the first. So why grant them patents?

Why did the USPTO (US Patent and Trademark Office), grant Apple the "Wedge" design when in fact it was first created by Sony's X505 product? Clearly this Sony X505 laptop with its wedge design dates ...
3
votes
1answer
117 views

How do I verify that a patent pending claim is real?

Someone created an application that does something resembling an application I'm working on. He claims that his application has a pending patent, but does not mention the patent application number. ...
3
votes
1answer
101 views

Large System = “miraculous unproven device” + Subsystem1 + SubSystem2 ?= PATENT?

If a patent has been issued for a system of the sort defined in the title of this post (a larger system with one, unproven general device) am I precluded from developing a similar system in which I ...
2
votes
1answer
156 views

Detailed description of a system to suit system and method claims

I'm writing the detailed description of a computer implemented system. I have explained what the system does, that's where the inventive subject matter is. I have explained an exemplary architecture ...
2
votes
1answer
951 views

Software Patents: Claiming as a METHOD vs as a SYSTEM?

Software patents could be described in claims as methods or as systems. One cannot claim damages for infringement of METHODS until the method is used (e.g. when the software is run). But, one can ...
2
votes
2answers
175 views

What constitues/definition of an inventor. Does it simply boil down to claims in a patent?

I have had a business partner for twenty years. We came together in my Business that he used as the birth of the IP in question. Listing himself on publications founder/owner with the exclusion of not ...
2
votes
1answer
373 views

Claims: When to use “wherein”? Should I always use “further comprising”?

I'm under the impression that being too specific is a bad idea in dependent claims. But is there a case when I really have to be, and therefore cannot use "further comprising" but rather I must use ...
2
votes
1answer
123 views

Which patent claims did George Selden believe Henry Ford violated?

I'm trying to find information for a report analyzing the Ford Vs. Selden case at the turn of the 20th century. I can find a lot of brief case summaries, but I cannot find anything that specifies what ...
2
votes
1answer
151 views

What's the best approach to document a claim?

Being new here, 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 ...
1
vote
2answers
361 views

Can I include a “method and apparatus claim” for a patent filed in the UK?

Can I include a "method and apparatus claim" for a patent filed in the UK? I'm developing a system that uses augmented reality in novel ways. All the patent prior art that I can find involves method ...
1
vote
2answers
150 views

Can I preclude the exercise of another patentee's system patent by defining a (PRACTICALLY necessary) improvement to an element of that system

A patent exists for a broad system of interacting large, and independently complex, elements. However, at least one of the complex elements is described/claimed in the patent in a very cursory and ...
1
vote
1answer
732 views

What is a CRM (Computer Readable Medium) claim?

(ref: this question, George White's answer) I'm writing a software patent that includes a system and a method claim. I've heard of something called a CRM (Computer Readable Medium) claim, but am ...
1
vote
1answer
359 views

Using multiple dependent claims of multiple dependent claims of multiple dependent claims

I'm filing a patent application in the UK covering 10 or so linked inventions spanning various industries. I plan to use multiple dependent claims to link the various inventions. I believe the number ...
1
vote
2answers
194 views

How can I claim a feature that was disclosed in the specification of an issued patent?

A patent application that I filed in July 2010 was issued as a patent in August 2013. There is a feature that was disclosed in the specification and not claimed in the issued patent. How can I claim ...
1
vote
1answer
71 views

How to claim interlocking elements or means

I am writing claims for a patent application for an invention that includes a person, an office, and a vehicle. The person and the office communicate; the office and the vehicle communicate; the ...
1
vote
2answers
68 views

US 4396600 Adult schistosome worm-derived antigenic substance and method of obtaining same

I would like to know how is the status of patent number US 4396600? I read that this patent was reexamined in 1986 and I wonder why this patent was canceled since I didn't see any justification ...
1
vote
1answer
42 views

Can PCT application based on US provisional patent without claim?

AFAIK, US provisional patent is valid for later use even without any claim, but I heard that some countries require patent having claims. So does PCT application accepts US provisional patent without ...
1
vote
1answer
59 views

Why is claim 2 required in this example?

In US 7,704,933 B2, claims 1 and 2 are 1. A compound of formula (II): wherein the dotted line represents a single or double bond and one R2 is a hydrogen atom and the other is a ...
1
vote
0answers
32 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 ...
0
votes
1answer
162 views

How do I make amendments to claims?

I have filed an Utility patent with USPTO. A few days ago, I received a letter from an USPTO examiner stating that all my claims were rejected and that the action is non-final. She has given me 3 ...
0
votes
1answer
37 views

Defining broadest term for claiming

I'm considering the case in which I have an invention and the subject matter is a (computer) web server. So: the first exemplary embodiment would be based on a “web server”, but since I don't want to ...
0
votes
1answer
27 views

Is dependent claim of another dependent claim a multiple dependent claim?

For example, claims: 1/ A table has 100 legs 2/ The table of claim 1, and having one golden leg 3/ The table of claim 2, and having one diamond leg Is claim 3 a multiple dependent claim? Because ...
0
votes
1answer
40 views

Definitions of phrases in claims - Who get's to decide?

In patent application US 2012/0262358 of title "BEAM FORMING ANTENNA" one finds a very clever, I think very novel and useful new way to arrange vertical elements into a Yagi-Uda array. Irregardless ...
0
votes
1answer
78 views

tips on how to get software patent application approved

What are some tips to get software patent application approved by USPO? I'm responsible for the software development at a startup, and to protect our Intellectual Property I need to submit multiple ...
0
votes
3answers
222 views

claim chart for patent no 7,206,756

In patent no. 7,206,756, I am unable to get what is the new thing in Joshua's method of commercial transaction over Internet as compared to prior arts. I need to prepare a claim chart for claim 1. My ...
0
votes
1answer
29 views

Amending a claim in a reissue patent application

I introduced a claim limitation during patent prosecution to overcome prior art. I would like to partially cancel this claim limitation in a reissue patent application. Will the recapture doctrine ...
0
votes
1answer
76 views

How can I claim an element after the patent has issued?

A patent application that I filed in June 2010 was published in February 2012. It issued as a patent in October 2013. I would like to claim an element disclosed in the specification in February ...
0
votes
1answer
64 views

Is this typical, for a patent, to describe 'any and all combinations' of all aforementioned technologies?

Words quoted from the patent: "Although the invention has been defined using the appended claims, these claims are exemplary in that the invention may be intended to include the elements and steps ...
0
votes
1answer
133 views

Forming a System Claim: Am I on the Right Track?

I'm writing a system claim, and I'd like to get some feedback on an obfuscated version of it. Please don't reserve your criticism! I'm interested in learning from the best. Why am I off base? Why am I ...
0
votes
1answer
89 views

Claim with three elements - are products infringing if they contain ANY of the elements or do they need to contain ALL of the elements in the claim?

Is claim 1 a claim to a floor module that contains all three of the subsequent aspects? Or is this patent claiming a module that includes at least one of these aspects? The aspects that I refer to ...
0
votes
0answers
24 views

What is the Largest Number of Claims in any Granted Patent?

In my patent searches, I have found some patents with upwards of 300 claims. This has me impressed. I'm wondering what the world record for the greatest number of claims in any patent is. Does anyone ...
0
votes
2answers
76 views

How to Use Patented Method Without Infringing?

I would like to use the method disclosed (via claims) in this patent for my invention http://www.google.com/patents/US8568309 . That is, I am creating a glucometer, using this inventor's method for ...
0
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0answers
32 views

Similar Patents, Sweeping Claims

So I have an Idea/Potential Patent, but someone else has a similar patent out. Our inventions are substantially different in design. One of their claims is very very general and seems to exclude an ...
0
votes
1answer
12 views

Older US Utility Application

... that I am wanting international coverage but cannot as the time to do so has expired. I have designed a new component that works with the old claims as a single unit. Can I resume international ...
0
votes
0answers
16 views

Does computer readable medium claim protect system?

As I know, computer readable medium claim protects software, but does it also protect the hardware system? Because IMO, the the hardware must contain the code or software to run (thus, the hardware ...
0
votes
2answers
43 views

Method vs apparatus for electronics hardware, pros and cons?

AFAIK, method claim is weak against manufacturer because only end user may use it. OTOH, invention using all old hardware but only new way to use it, e.g merging different inputs from different ...
0
votes
0answers
29 views

Claims - When is it a good idea to let the Patent Examiner make one for you?

I heard you can request the examiner formulate one claim for you. When is this a good idea? If the goal of a patent is to merely document the existence of some novelty without trying to claim the ...
0
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0answers
32 views

How is it different from Patent number US20060249949?

How is it different from Patent number US20060249949 or (https://docs.google.com/viewer?url=patentimages.storage.googleapis.com/pdfs/US20060249948.pdf)? Also, has it expired or has it been used with ...
0
votes
0answers
11 views

Patent information regarding renewal

The patent attorney never sent renewal notice our home and when I called him he said he tried and it was returned. What recourse do I have ??
0
votes
0answers
7 views

Where is the esterfication reaction between bromo compound and phenol disclosed?

Kindly let me know where is the given bromo compound and phenol disclosed. I know that it was not covered.
0
votes
0answers
27 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 ...
0
votes
0answers
62 views

Was this invention ever sold?

Hi my name is Sarah Botticher and my great great grandpa Francis E Walk invented this frying pan. My great grandma told me that his partner Phillip J. Boyle took all the money and left him with ...
0
votes
0answers
28 views

Help with claim construction

Suppose I have a claim A method of user initiated song play, comprising: receiving, using a data processing apparatus, from a user a request to play a song comprising a song title, an artist name ...
0
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0answers
32 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 ...
0
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0answers
44 views

patent 7206756 claim 1 understanding

Can someone just explain me this part of the Claim 1 of patent no 7206756 http://www.google.co.in/patents/US7206756. CLAIM 1 ..... prior to responding to said purchase request, determining if an ...
0
votes
1answer
35 views

who is the of author of CN 101463502 B?

who is the author of the patent number CN 101463502 B## Heading ## entitled Pineapple leaf fiber biochemical degumming technique?
0
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0answers
87 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 ...
0
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0answers
24 views

Can I use “possibly” in a claim

I have claim language that looks like this: "...communicating information x,y, and z to a console, said console possibly recording said information x, y and z on a computer-readable medium ..." In ...