Is there a difference in patentability, scope, or protection from infringement between the two cases of claims below?

case 1 I claim: 1 A piece; a hole in said piece.

case 2 I claim: 1 A piece. The piece of claim 1 with a hole.

  • 1
    I’m not a lawyer, but I’m pretty sure you need to add something to a dependent claim. This dependent claims are narrower. Something like: a piece according to claim 1 where the hole is between 1 and 10cm in diameter. – Eric S Feb 27 '20 at 22:17
  • It is hard to determine the question from your example. – George White Feb 27 '20 at 22:19
  • Is the case 2, a claim 1 with an independent claim? – Moti Feb 28 '20 at 6:03
  • Further to your question - you want to write the widest coverage claim as independent. Case 2 in this respect is better. The examiner will attempt to limit the coverage of your independent claim and will than force you to revert to case 1. – Moti Feb 28 '20 at 6:28
  • Thanks Moti - so the second case is broader than the first even though they both have the same claims. – Pilgrim Mar 2 '20 at 4:07

Your Answer

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

Browse other questions tagged or ask your own question.