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I am not sure how to write a claim here in the illustration, when material can be metal, wood, glass etc, my understand is if I say mounting, then glue, clipping etc will be excluded? and can be get around the protection?

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the challenge here is different material need different attaching methods, how can we possibly wording a claim including all variation? even mounting technology, wood and metal might be in different process and accessories, like a brackets, hole position etc...

any suggestions or advice are highly appreciated. is it possible? have a great day.

I really love this forum, a lot of people here willing to provide generous help and support, and share their valuable input and opinion. I am sorry that I don't make it very clear because English is not my native.

  • List item could I say mounting is still the most common physical attaching method no matter which material like metal, wood, glass, plastic, etc used, Glue is a chemical process that I should exclude it.
  • List item you could see that wood board is very thick ( over 10mm), then I might just use a screw from underneath leveled board ( see the picture arrow ), while if it's metal or glass, then bracket, and holes might be needed when the thickness might be just 3mm?
  • List item should I clearly define which edge of vertical board to be affixed to the surface or the edge of leveled board? how about when the vertical board is irregular?
  • List item should I have to specify the detail position of the surface on the leveled board?

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too much option makes me totally puzzled, and I learned a lot of patent similar, it seems they ALL specified in very detail, is this make the patent easily get around? I didn't write every detail but it seem the examiner don't accept it.

I hope everyone good luck with their patent application. and someday I could share my certificate here.

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  • Is the invention an object of a particular shape?
    – George White ♦
    Commented Oct 9 at 6:44

2 Answers 2

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Something along the lines of (this is quick to illustrate, but should be expanded on for your specific case):

  1. An apparatus, comprising:

  • a support substrate having a first surface and an opposing second surface, the first surface having a first edge and a second edge opposite the first edge;

  • a first member disposed adjacent to the first edge and the second edge and supported by the support substrate, the first member being affixed to the first surface at a first position; and

  • a second member disposed adjacent to at least the first edge and supported by the first substrate, the second member being affixed to the first surface at a second position different from the first position.

  1. The apparatus of claim 1, wherein the first member is affixed to the first surface via one or more of: a glue, an epoxy, and a polyurethane.

  2. The apparatus of claim 1, wherein the support substrate is constructed of a material comprising one or more of: metal, glass, wood, and plastic.

  3. The apparatus of claim 1, wherein the first member is affixed to the first surface with a mounting member, the mounting member being one or more of a bracket, a screw, a nail, and a staple.

It is important to remember that you are your own lexiconographer. You would need to define all of the terms used in your claims. In my example above, the terms used are very ambiguous and would require good definitions in the spec.

Check with your local law library to see if you can find a copy of Faber & Kowalski on Mechanics of Patent Claim Drafting (ISBN: 978-1-4024-4372-5). There is a really good section on the terms commonly used for different components in apparatus claims, as well as good terms for describing the relationship between multiple components. Most Law School libraries have some kind of public access so you may have to check with the law schools near you.

Also, sorry for the odd formatting. I couldn't get the formatting to work how I wanted it to.

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  • Good, but if a competitor makes an integral part by milling a larger block of wood or uses a mold of some kind there is nothing “affixed”.
    – George White ♦
    Commented Oct 10 at 15:25
  • Hi @andrew, thx so much, it's very helpful, especially the terminology and the claims 4, could I say mounting is still the most used physical attaching method? I will use it if necessary, in addition, do you also provide infringement litigation service as a patent lawyer? have a great day.
    – cmabill
    Commented Oct 11 at 2:55
  • @cmabill No, you wouldn't say what the most common mounting method is in a claim. A claim is what you want to stop other people from making / doing. You should think of it generally as either a process or an object. A single object either does, or does not, use a specific mounting member. A single object cannot "usually" use a specific mounting member. We, like most patent attorneys, either handle litigation services or work closely with another firm that does depending on specific industry and current work load.
    – Andrew
    Commented Oct 14 at 22:15
  • Hi @andrew well noted, and I try to avoid using a particular method, unfortunately a Europe examiner think the mounting is very IMPORTANT, she even care about the name of the invention. it is really a challenge to persuade them and give them ALL the variations, especially when English is not my native. anyway, I appreciate your valuable advice, and I will try to avoid specifying a typical method in the claims. have a fresh start of the week. take care.
    – cmabill
    Commented Oct 15 at 3:32
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If the invention, or has a component that, is defined by its shape, just describe the final shape. If the shape is constructed by attaching sub-pieces together, or subtractive manufacturing or 3d printing it doesn’t matter. An infringer will be judged by the shape of their product, not how the shape was fashioned.

If a certain rigidity or other mechanical properties are required spell them out as well.

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