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I am looking at a particular patent where they are claiming a GUI (graphical user interface) that contains a draggable interactive controller as a critical element of the invention.

But one of the images in the application has a simple tick box for the user to specify what is applicable. In the application (not in the claims section), they are saying that image is an embodiment of the invention.

Do I have ground to object to the USPTO that their image is inconsistent with claims?

If they manage to get a patent for it, would I (if I use the tick box interface), have defence against their claims?

  • Please list the particular patent or application. – Eric Shain Oct 19 '17 at 17:14
  • To the first part of your question regarding objecting to someone's application or patent - there is no "objection" mechanism in U.S. patent law. After the AIA patent law, there is a way to send references to the examiner during a certain phase of patent examination to try to show the invention is not new. That system does not allow for any comments. – George White Oct 25 '17 at 5:30
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Since you don't list the specific patent, I'll have to answer in general. Often in the prosecution of a patent, an application's claims will be narrowed in order to avoid objections from the examiner. Only the claims may be amended so you may get figures and text in he specification that extend past the claims. This is pretty common and the source of much confusion to some readers of patents. I'm not a patent attorney, but I don't think this is grounds for challenging an issued patent. The important point is to that the claims define what is protected by the patent.

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