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3
votes
1answer
28 views

What is the difference between a withdrawn claim and a cancelled claim?

In an amendment to the claims, you can mark them (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered). What is the difference between Withdrawn ...
3
votes
1answer
30 views

Can claims be amended after patent contents become public?

I have filed non provisional, regular utility patents applications. I will be also filing continuation applications. Can I add or amend claims after the content is made public? Such as in a crowd ...
3
votes
2answers
34 views

The allowability of amendments

My PCT application (at EPO) has been rejected due to the lack of novelty and inventive step. Now, I am considering amendment of the claims under Article 34 PCT. The description contains the following ...
0
votes
1answer
32 views

In claims, is it allowed and of proper form to define a term or phrase in the form “hereinafter referred to as …”?

For example: ...the message data source content to be transmitted, hereinafter referred to as “the source content” ... I feel I need to do something like this in multiple places because the ...
1
vote
1answer
35 views

Accepted method for writing claims revisions when both rewording and reordering are needed

It is understood that minor changes in claims wording are done with strike-throughs, with underlined new wording either immediately preceding or following. What about when more extensive changes are ...
4
votes
1answer
334 views

Do you have to amend claims lacking novelty or an inventive step

If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
0
votes
1answer
296 views

Number of claims in PCT application

In US system, continual application can be fired to add claims later, so the number or the claims in the US application are not that important, because it can be fixed. But I don't know whether that ...
3
votes
1answer
160 views

Can a device claim be amended to a method after an office action?

Is it possible to amend a product/device claim to a method claim after receiving an office action? Where is this discussed in MPEP?
0
votes
2answers
119 views

Is clarifying some terminology in an Amendment considered “new material”?

In working with my examiner to address issues with the claims mentioned in a final rejection of my (pro se) software patent application, I changed one term in the claims from "word1 word2" to "word1 ...
0
votes
2answers
91 views

Such change of claim in OA allowed?

There is a basic device existing (simple mechanic) as prior art and I made two innovations on it, part C and part D. I want to patent it in such a way that if somebody is using either one of these ...
1
vote
1answer
1k views

Formal response after examiner's amendment

I've received a Notice of Allowance for claims contained in an examiner's amendment. The claims aren't exactly as I'd want them, but I feel my options are limited. I know I can file a continuation ...