How does "A system comprising" claim works when multiple parties involved?

Question

I just Googled the definition for the word system.

Google says,

a set of things working together as parts of a mechanism or an interconnecting network; a complex whole.

So the phrase "A system comprising" refers to multiple computers. Not just one computer.

One of my claim involves 3 different parties (user, admin etc.).

The claim goes like this

A system comprising one or more processors configured to:

Receive, ...

Store, ...

Execute, ...

....

....

Is that a valid system claim when multiple parties involved?

Or do I have to mention explicitly like one or more computers configured to?

Thanks

Answer 1

You may have clarity problems if the examiner does not know what kind of system is that. If it is just one computer, you would have to claim a device/apparatus, if it is more than one computer you would have to claim a system comprising the computers. A system with one or more computers is not really OK because one computer does not qualify as a system if nothing else is present. In my opinion, parties do not have any relevance in this matter, but rather the computing devices they use are the important factors.

Besides, if two or more of the parties are to do something on different computing devices, you should consider the possibility of no direct infringement of the complete system (or method) occurring in the same country. You would have to rely on indirect infringement to enforce eventual patents, which is never preferred.

Answer 2

A single computer could be a system in that it has many interconnected parts working together - CPU, memory, storage, I/O. In the U.S. Particularly if the specification is explicit that some systems can consist of a single computer. I do not think a preamble of "one or more computers comprising a computer system" would have a problem with an examiner. Part of the reason for that is U.S. examination does not put much weight on the preamble.

As @the Europeist says divided infringement is a big issue. You do not want a claim that is performed by multiple independent entities. If the receiving, storing, executing are action done by the system you are ok. A claim where the actions are by a user, you do not want more than one user's actions to be a positive limitation.