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

learn more… | top users | synonyms

6
votes
2answers
5k 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
568 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
470 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 ...
4
votes
1answer
73 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 ...
4
votes
3answers
251 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 ...
3
votes
1answer
192 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
109 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
186 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
2k 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
201 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
74 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 ...
2
votes
1answer
700 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
140 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
26 views

How can I find the claims of this patent, which are not listed on Google Patents?

In reference to the patent: US918884 Where can I go to find the claims of this patent? Google Patents appears to have a recursive link for where to find them.
1
vote
2answers
490 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
59 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
43 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 ...
1
vote
3answers
125 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
1k views

A patent with both apparatus (i.e. system) and method?

I read a while back that one's goal should be a patent that is a method, a system and a means (I don't quite know what a means is). Is this actually a good goal? I also read that all the steps of a ...
1
vote
3answers
170 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
2answers
68 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?
1
vote
1answer
1k 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
464 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
47 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
1answer
29 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 ...
1
vote
1answer
85 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
100 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
2answers
54 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
54 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?
1
vote
1answer
126 views

Similar Patents, Sweeping Claims

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 ...
1
vote
1answer
72 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
2answers
201 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
87 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
73 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
0answers
27 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 ...
1
vote
1answer
61 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 ...
1
vote
1answer
34 views

What is the invention?

In reference to the patent: CA2726258A1 It looks like this patent application was actually a report done on a study about the efficacy of using THC and CBD on Cancer cell. The results are certainly ...
1
vote
2answers
82 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
2answers
37 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 ...
1
vote
1answer
82 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 ...
1
vote
0answers
36 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
3answers
99 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 : ...
0
votes
1answer
39 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
70 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
199 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
71 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
1answer
53 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
3answers
197 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
votes
1answer
51 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
102 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 ...