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6
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2answers
4k 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
514 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
453 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
138 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
104 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
165 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
1k 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
184 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
70 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
479 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
126 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
2answers
181 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 ...
1
vote
2answers
404 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
43 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
152 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
929 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
380 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
3answers
74 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
38 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
51 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
50 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
197 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
72 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
34 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
174 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
44 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
44 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
31 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
46 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
91 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
301 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
77 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
65 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
154 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
157 views

Where to learn how to formulate claims

I'm interested in learning about how to formulate claims. Can people suggest books? Preferably with examples related to questions within the chemical sciences and for the european area.
0
votes
1answer
91 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
2answers
40 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 ...
0
votes
3answers
136 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
0answers
57 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 ...
0
votes
1answer
20 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
21 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
59 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
40 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
votes
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
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0answers
28 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
64 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 ...