2

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, but don't have touch panel, the table also comprising

  • Camera to detect touch

I cant remove a component like that. So I am trying to find a way to write a similar claim, because if I can remove component then I can lower the number of independent claim, by making independent claims depends on other independent claim. E.g

1/ A table comprising:

  • A screen

  • A touch detection component attached to the table, the touch detection component is a touch panel

2/ The table of claim 1, where the touch detection component is a camera

I change removing component to replacing component, is this acceptable? Is there any other way?

2 Answers 2

2

The guide you read is correct. A dependent claim has all of the limitations of all claims above it in the chain to an independent claim. You can address this by using just "touch detector" in claim 1. Claim 2 says "where the touch detector is a camera". Claim 3 says "where the touch detector is a touch panel". This only works if your claim 1 is novel and non-obvious with the generic term in it.

Otherwise you can say in claim 1 that the touch detection is either a camera or a touch screen. Then narrow to a specific one of them in claim 2.

Writing claims is hard and the laws changes monthly.

2
  • Please just answer the question, saying it is hard just makes some one stressful.
    – Ahmad
    Commented Jul 31, 2015 at 9:10
  • Try to find an element in the independent claim that can be removed still leaving the independent claim novel and non-obvious. I said writing claims was hard as a respectful way of saying you might be in over your head.
    – George White
    Commented Aug 3, 2015 at 19:51
0

1/ A table comprising:

A screen

A touch detection component attached to the table.

2/ The table of claim 1, where the touch detection component is a touch panel

3/ The table of claim 1, where the touch detection component is a camera

Alternatively:

1/ A table comprising:

A screen

A touch detection component attached to the table, where the touch detection component is one of a touch panel and a camera.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .