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I am writing a patent for a vice grip tool where I have designed a new release lever to open the lock but I want to include the original vice grip style release lever design in the claim.

I am having trouble understanding the correct language to use to describe a two different types of lever arms so that an initial claim will allow the original lever arm and the new type.

Is there a specific way to state this?

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I am writing a patent for a vice grip tool where I have designed a new release lever to open the lock but I want to include the original vice grip style release lever design in the claim.

When you include original design claim along with your invention, you are inviting an anticipation rejection on your own as it is available as state of the art. Instead try to get a broad claim for you invention.

  • Ok good to hear. From how I understand it, I should describe it as "a release lever pivotably connected to said second handle" in claim 1 and then in the additional claims reference claim 1 and go into detail of the changes to the "release lever" in order to clarify the idea? – Mgrex Feb 1 at 2:55
  • But if your claim one covers prior art, you can't claim to have invented it. How do you get past the oath requirement in this case? What you may be thinking of is "Jepson" or "improvement" claiming where the preamble characterizes a straw-man prior art, and then claims the improvement over it. Useful in Europe, but not popular in US. My view is to list the element(s) describing the art and then add the differentiating structure, said pivotable release lever comprising a relay actuator coupled to said locking means and triggerable by a user holding the implement in use. – PGilm Feb 1 at 17:59

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