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Questions tagged [claim-construction]

The tag has no usage guidance.

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1answer
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Rules of thumb for sorting content into Specification vs Claim

When faced with the question: Does this content belong in the Specification or the Claim, What is: The line of thinking? Questions one should consider Expectations of the USPTO examiner? that one ...
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3answers
32 views

How to develop intuition for writing claim?

I've seen many patent claim examples, and I've tried to write some myself, but each time it feels like I cannot adequately describe/articulate the invention to the level that is needed for the patent ...
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1answer
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What is the real effect of “a combination there of”?

I wonder what is the real effect of "a combination there of". If I write "a,b,c" vs "a,b,c, a combination thereof". I understand the logical difference. Is there a precedent in which usage in the ...
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2answers
26 views

How to write claim language for a clasp designed for a variably sized enclosure?

I want to state that the clasping system in my invention can be used in any size of enclosure. Specifically, I have doubts between using the words: "may" or "is" 2 examples: "enclosure may be ...
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1answer
24 views

Why would a corporation file a continuation that consists of one large claim?

I've found an allowed continuation to a parent patent application, in which the continuation contains a single claim that appears to be one long concatenation of the original 20 claims of the parent ...
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1answer
119 views

Okay to use “optionally” in a claim?

In a claim, is it okay to use something like: ... node A connects to node B, optionally encrypted, such as via SSL or TLS. I know I can add a dependent claim instead, but is there any advantage of ...
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3answers
96 views

Do consistently disparaged embodiments lack claim support?

Disparaging the prior art/alternative embodiments, especially in combination with a limited characterization of the disclosed embodiments (e.g. only describe embodiments without the disparaged ...
2
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1answer
39 views

In an independent claim is there any advantage of stating all the critical antecedents up front rather than introducing them individually?

The example is an invention depending on precise definitions of a series of antecedent phrases that will be repeated numerous times in a series of following claim parts, some of the phrases being ...
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0answers
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How common and how acceptable is the use of ordered lists and the phrase “and combinations thereof” as the last component of a Markush Group claim?

Admittedly this is squeezing two questions into one, but they're both directly about Markush Group claim construction. From all I've read, the structure of this type always uses "selected from the ...
2
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1answer
27 views

Multiple references US vs EU

In the EU its customary to have claims like Method for... Method from claim 1 plus ... Method from claim 1 or 2 plus ... ... (only dependent claims here) Method from one of the previous claims plus ...
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2answers
41 views

Follow-up question about mentions of how the user interacts with a graphical user interface

I had a previous question about stating a specific class of computing device, or input method of a computing device. This is a related follow-up question. Assume a form of click-and-drag-over ...
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2answers
121 views

A US independent claim never starts with a definite article 'The'

I am digging into the USPTO bulk patents and patent applications and I observe a pattern for any independent claim: it never starts with a definite article 'The'. However, I have not proved that yet. ...
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1answer
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Appearance of words in Claims

In writing my Independent Claim is it necessary that every item term, nouns, identifying parts or processes of the invention be included in said Independent Claim? I currently have Dependent Claims ...
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0answers
24 views

Does the phrase “data stored in the memory or persistent storage of the device” (if used in a claim) adequately cover data storage functions?

More specifically: The claim is not in regard to a new type of memory or storage, or a new usage of storage. It only refers to a computing device's capabilities to store data both temporarily and semi-...
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2answers
44 views

Stating a specific class of computing device, such as touchscreen devices, in the first independent claim

Is there necessarily any risk or self-imposed limitation in having a Claim 1 statement like this – A method for [fill in details here] on a computing device controlled by touchscreen input, and ...
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3answers
1k views

Urgent - My Patent Application received a Non-Final Rejection, Advice?

I have written a computer program which combines two patented ideas, but provides a new and much needed function, and service for that matter. Hence the big money corps stand to make from the use of ...
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0answers
31 views

Is something that a user does, an step of a method

Can I write a claim as: A method for detecting X comprising the steps of: Entering Z by the user, Specifying the dimensions of Y by the user ...
0
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1answer
104 views

Can I refer to a dependent claim, to a word that is in the claim that the dependent claim depends on?

For example: It is a system comprising X, Y, Z The system of claim 1, wherein X is W The system of claim 2, wherein Z is P connected to W In the claim 3, I need to refer to both Z (which is in the ...
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1answer
42 views

Can a claim be rejected if it lacks a clause that Prior Art includes?

Prior Art: A system which detects X and makes an alarm Claim: A system which detects X
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1answer
99 views

Do they regard the whole claims to reject a patent based on Prior Art or only independent claims?

Let's bring an example (note I am naive in writing or understanding claims): Independent claim 1: It is an awesome equipment to detect X, dependent claim 2: the equipment of claim 1 detects X ...
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1answer
81 views

Do they regard the whole claims of my patent for detecting the patentability of others' application or only my independent claims?

Let's bring an example : Independent claim 1: It is an awesome equipment to detect X, dependent claim 2: the equipment of claim 1 detects X using a fork. If it was granted, would it mean that ...
7
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1answer
4k views

What is the role of dependent claims?

I am very new to filing patents, What is the role of dependent claims? Couldn't I just have one claim with any details required? What is the difference in haveing one, two, or ten claims? When I ...
3
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1answer
39 views

US 2013/0206605 A1 too broad, little novelty

To include production of hydrocarbons in title of this application is over-reaching. Where is the disclosure to support its inclusion? Shouldn't there be a way to sanction those who pollute the ...
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1answer
81 views

How detailed can be independent claims in a PCT utility application?

I am currently writing claims for a PCT utility application. It appears my independent claim is rather lengthy and can be broken down into many dependent claims, but that is not what I am after. My ...
3
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1answer
305 views

Claims with reference to single dependent claims

I understand that one cannot claim with reference to a multiple dependent claims as set forth in MPEP 608.01(n) Dependent Claims[R-11.2013]. However, can one have claims with reference to a single ...
1
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1answer
36 views

collection of medical data online

In reference to the patent: US20060184393 Does this patent implies that no one trying to collect medical data online can actually do it? Is not this patent too broad and lacking of a discovery? Can ...
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3answers
592 views

Can I use exact same independent claim in a Continuation as my original granted patent, but with different dependent claims?

Can I use exact same independent claim in a Continuation patent that I used in my original issued patent, but with different dependent claims? For example, if my issued patent had independent claim ...
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2answers
537 views

Claims - When is it a good idea to let the Patent Examiner make one for you?

I heard you can request the examiner formulate one claim for you. When is this a good idea? If the goal of a patent is to merely document the existence of some novelty without trying to claim the ...