Questions tagged [claim-amendment]

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Is it possible to remove a restrictive term in the main claim of a PCT?

The drafter of my PCT did very poor work and he put a restrictive term in the main claim of my PCT. What are my options to remove that term and expand my claim at the national phase or by amending my ...
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2answers
44 views

Can you amend a non-provisional patent application to bring in information from referenced provisional patent applications?

As the title states. Can you amend a non-provisional patent application to bring in information from referenced provisional patent applications? For example: I have a figure in the provisional that ...
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1answer
61 views

Does google patents update patent application publications that have been amended?

As the title states, does google patents update the patent information for applications that have been amended? For example: I file a patent initially with X number of claims. It is published at the ...
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1answer
20 views

Is my preliminary amendment likely to be disapproved?

Good morning - I have a pending non-provisional U.S. patent application. First office action is estimated in 5-6 months. I would like to file a preliminary amendment to add new claims. 37 CFR 1....
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2answers
73 views

How long it would take for a USPTO application to get republished?

If I amend my claims after normal publication (18 months), I believe my application will get republished again with amended claims. How long that process would take?
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1answer
29 views

Is there any fee for amending claims before the publication in USPTO?

My USPTO non-provisional application is not published yet. It contains 1 independent claim and 19 dependant claims. I would like to remove some dependent claims and then add some new claims. The ...
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1answer
7k 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What is the difference between a withdrawn claim and a cancelled claim?

In an amendment to the claims, you can mark them (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered). What is the difference between Withdrawn ...
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1answer
43 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 ...
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2answers
48 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 ...
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1answer
48 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 ...
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1answer
34 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 ...
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1answer
667 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 ...
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1answer
572 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(...
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2answers
150 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 ...
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1answer
226 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?
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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 ...
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2answers
94 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 ...