a dependent claim that further limits the score of an element introduced in the preamble of the independent claim

Question

claim 1:

a computer-implemented method for awarding winners, the winners determined by an algorithm, comprising:

dependent claim 2:

the method of claim 1, wherein the algorithm uses a minimum threshold of 10 points.

The independent claim, claim 1, uses the broadest algorithm possible.

The dependent claim of claim 1, claim 2, limits the scope the algorithm.

The algorithm element is introduced in the preamble of the method.

questions:

You may want to give this a read: uspto.gov/sites/default/files/documents/… . It seems like having claim 2 like that forces the bit in the preamble to be a limitation, which is bad. — bhuff36, Commented Nov 11 at 15:51
_Bear: Yes I understand what you're trying to do, I just don't see a way to do it. — bhuff36, Commented Nov 12 at 6:18
So you are saying that the dependent claim the way I worded it is invalid? — Bear Bile Farming is Torture, Commented Nov 12 at 8:14
_Bear: Hard to tell as it's a very unconventional way to do things. But it will almost certainly result in the preamble bit being treated as a limitation and thereby requiring an underlying algorithm to be linked in the specification. — bhuff36, Commented Nov 12 at 10:06

George White · Accepted Answer · 2024-11-14 01:14:59Z

1

Note that the word algorithm itself makes people jump to the idea that it is abstract and therefore not patentable subject matter.

answered Nov 14 at 1:14

George White♦

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is there another word that I can substitute for "algorithm"
– Bear Bile Farming is Torture
Commented Nov 14 at 1:26
For example, what if I use "process" or "method" instead of "algorithm"?
– Bear Bile Farming is Torture
Commented Nov 14 at 1:29
1

Much better to use those words
– George White ♦
Commented Nov 14 at 5:43

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