0

My claims looks like this

A system for X comprising:
      Step 1
      Step 2
      Step 3
      Step 4

Can someone infringing my invention by reordering the steps?

A system for X comprising:
      Step 1
      Step 3
      Step 2
      Step 4
  • By the way, a system shouldn't be defined by method steps. There are plenty of excemptions and everyone ignores it, but sometimes the patent examiners don't let you do that. – DonQuiKong Jul 14 at 14:04
3

It depends if your claims cover only the exact order or any order.

Example:

A method of doing steps 1 and 2.

Covers doing steps 1 and 2 in any order.

A method of doing steps 1 and 2 subsequently.

Doesn't.

  • Depending on the actual actions involved "A method of doing steps 1 and 2" may inherently imply an order. – George White Jul 13 at 20:08
  • 2
    I have seen "in any operative order" as a way to be explicit about the flexibility of order. – George White Jul 13 at 20:10
  • 1
    @GeorgeWhite if the steps can't be done in another order (without changing the steps), then they can't be done in another order anyways ;) – DonQuiKong Jul 13 at 23:15
  • 1
    Overcoming whatever issues required a specific order would be fertile ground for a new patent, assuming all of the other requirements for patentability are met. – Julie in Austin Jul 15 at 6:07

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.