Questions tagged [claim-construction]

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is "either...or" a term acceptable in claim

suppose I need to write a claim for below image, that panel B can either attached to the surface of panel A or to the edge of panel A, is this acceptable in claim, or I have to use alternative in this ...
cmabill's user avatar
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How can I use a "for each" clause in a patent claim?

Consider the claim: A method comprising: accessing a line, the line comprising a plurality of points; for each point on the line: generating an X. Do I now have a plurality of X's? Do I need ...
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What are the implications of including human beings in the description and claims?

Consider the claims: 1. A method comprising using a computing device to do X. 2. A system including a computing device, wherein the computing device can perform X. that is enabled by: The system may ...
jordanpg's user avatar
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When acting as one's own lexicographer, is there any prohibition against functional definition?

Suppose my claims recite a "memory" (in the context of a computer arts invention). The novelty of the invention is not in the memory itself. Next, suppose I define memory in the ...
bhuff36's user avatar
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Claims/Priority Dates

Will method claims receive the same priority date if they are filed after product claims are filed first, or can there be a combination of both in one patent application?
Timothy Parlor Sr's user avatar
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How to word this claim to deter sneaky manufacturers?

For example, Preferred scenario 1: My device has a processor and some electronic gadget wired to it. The processor makes the gadget do something. Sneaky scenario 2: My electronic gadget may be ...
Drakes's user avatar
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Will this simple claim cover 36 embodiments?

Will this simple claim cover 36 embodiments? I claim: 1. A device, comprising: a. a thingamabob comprising at least one selected from the group consisting of: a foo; a bar; and ...
Drakes's user avatar
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Introducing an object for the time in an "or" clause: a/an or said?

Which is correct? ... comprising an A, or a device which may be characterized as an A, ... or ... comprising an A, or a device which may be characterized as said A, ... Update: Think about it: ...
Drakes's user avatar
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Patent boilerplate for a processor embodiment (not enablement)?

My disclosure requires a processor. This processor behaves like an Arduino (and in fact the prototype uses an Arduino) which is an SBC (Single-Board Computer). The processor may just blink an LED in ...
Drakes's user avatar
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Strategy to prevent a competitor from selling part of a disclosure?

Say I have: Claim 1. A bed-level meter, comprising: a (novel and non-obvious) probe; and a (novel and non-obvious) sensor. The probe and the sensor are physically separate (imagine the probe ...
Drakes's user avatar
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How to introduce two instances of an antecedent that are not directly related?

Motivating example: Claim 1. An A, comprising: a B; and a C. Claim 2. The B of Claim 1, comprising a D. (narrowing) Claim 3. The B of Claim 1, comprising an E. (alternative) ...
Drakes's user avatar
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Scope of a method claim when it uses terms that are narrowly construed in an apparatus claim

I'm trying to decipher a competitor's patent (US only), which follows the usual system-method-CRM format for computerized patents (in this case, a standard computer with standard peripherals running ...
tasukete's user avatar
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How are the elements of a claim determined?

If a hat = cap + visor, then how is it determined that the elements are cap and visor? Is this determined by the claim language used in the claim? Meaning, the elements are defined by the inventor? So ...
Bear Bile Farming is Torture's user avatar
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A claim that is more general than one in prior art

Supposed that in prior art, this claim exists: Triangular shaped object Circular shaped object Square shaped object Would the following claim be allowed: Triangular shaped object Circular shaped ...
Bear Bile Farming is Torture's user avatar
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If an invention requires an X number of whatever, does a specific X has to be explicitly stated in the patent applicable?

My invention can work in general if it has 2 or more compartments. Can I just make it as general as possible and say "2 or more compartments", or must I claim a specific number?
Bear Bile Farming is Torture's user avatar
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Is it okay to modify existing patent and file it?

Sorry for the dumb questions but as an engineer I am trying to file a patent myself. I was advised to copy the existing patent that is very similar to mine and start by modifying it for my own idea. ...
Chanoh Park's user avatar
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Can I answer a 112 rejection of a method claim by making it less specific?

A patent with the composition claims has already issued (11,090,320), and this is a divisional. My main method claim as filed has the steps of (among others)— Original claim -- A method for reducing ...
Lou's user avatar
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How to define a custom term in a patent claim?

How to define a custom term in a patent claim? I want to define a custom term in my claim and the term will be used in later parts of the claim. For example, A method of an electronic device, ...
Sazzad Hissain Khan's user avatar
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1 answer
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Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim?

Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim? If a transitional phrase, "comprising" covers broader scopes than a ...
Sazzad Hissain Khan's user avatar
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Is the language '[a] method as claimed in any preceding claim" only available if a special fee is paid for combinations, variation or permutations?

I have a somewhat vague recollection that you can pay an extra fee that will entitle you to the variations, combinations and/or permutations of the individual claims; if you add a language like that ...
PatentosPite's user avatar
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Reducing the number of patent claims

I have a patent application with 45 claims, one independent claim. Some of the claims are for explanation. As an example, the first claim includes: determining x from y; and processing x. Some of the ...
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What are the rules for measuring patents obviousness and generalization?

We always try to make our claims scopes as much generic as possible at the same time overtly generalized claims often fall under obviousness. Is there any criteria or specific rules to measure a claim'...
Sazzad Hissain Khan's user avatar
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Who is the inventor in an invention composed of several already existing sub-devices?

Let´s assume that a company has designed and developed several "building blocks", components, elements or devices that when combined and considered in a specific way (and only in that way) ...
Raul Alvarez's user avatar
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Two alternative element in one independent claim

Can I use two alternative element without broder statement without covers both? (In one independent claim) (In EPO application) In example, X comprising (A or B) and C (it is an independent apparatus ...
ASA's user avatar
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Importance of configuration descriptions in a claim

I am looking into a new project for which there are a few similar technologies described in patents, but nothing that includes every novel feature I have in mind. However, one of them is written in an ...
user25557's user avatar
1 vote
2 answers
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Broadening an independent claim using depending claims

I have an independent claim like this. 1. An X comprising: ... wherein the animal is at least one of: a cat, a dog, a lion not found in a brazilian zoo, and ...
PrivateUser's user avatar
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Antecedent basis in "at least one of" claim

I'm working on a claim. I have limitation that looks something like this. wherein the animal is at least one of: a cat; a dog; a lion found in a zoo; a tiger found in said zoo; or ...
PrivateUser's user avatar
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Can I add additional stages to my base system in a dependent claim?

I have three systems: a system with one stage two stages are used in the core of system 1 three stages are used in the core of system 1 Can I explain my base system with one stage in an independent ...
MENG's user avatar
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How can I write the four configuration of a system in the claims of a patent?

I want to patent four configurations with the same operating principles. Should I write four independent claims to describe the four systems, and four independent claims to describe the operation ...
MENG's user avatar
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How to add more detail to an element in a dependent claim?

I have a method of monitoring computers. In my independent claim I say a network-connected device. However in my dependent claim I specifically want to say that it is an application server. Is there a ...
user875234's user avatar
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Can you use having as a gerund in a method claim?

A method of cleaning a swimming pools comprising; Having a pool vacuum with a laser range finder attached; Aiming the laser range finder... Is it okay to use "Having" to introduce an element like ...
user875234's user avatar
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1 answer
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How do you reference a method claim from a device claim?

My method claim is what my invention actually does. But my device claim is the thing that I actually want to sell. How do I reference the method claim in my device claim? Something like this? An ...
user875234's user avatar
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2 answers
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Do 2 patents with single claim have the same legal protection as 1 patent with 2 independent claims?

I am wondering whether legally a single patent with Claim A and Claim B allows the same legal protection for the content presented in Claim A and Claim B as two single patents containing in Patent 1 ...
pffelix's user avatar
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Difference between an independent claim and a dependent claim for same thing

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. ...
Pilgrim's user avatar
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2 answers
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Alternative forms of non-exclusive options: “by, inclusively, either of ...”

Does the wording ...(accomplishing something) by, inclusively, either of [option 1 description]; or [option 2 description] (– and conceivably, extendable to any number of additional elements,...
Charles's user avatar
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how to frame independent claim for comparing two components of a system

(Its a sample) Input: A play toy. that has different set of balls. each set has same color of balls. color of balls of one set is different from color of ball of another set. Kindly correct and ...
Andy's user avatar
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additional X" instead of first X and second?

Why would we say further comprising a second X, as opposed to saying further comprising an additional X? Then what if there can be a second, third, fourth, fifth, etc.?
Pro Se Hole's user avatar
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The singular and plural has been a major issue for me as a pro se first-timer

Nothing I have seen sounds right for my little invention, so I wonder what I'm missing. The invention needs at least one X somewhere on at least the first side of Y for the minimum invention to work. ...
Pro Se Hole's user avatar
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Does "at least one Y" properly introduce an Y if used for for the first time as well as "a" or "an" does?

The invention is a tool that has a least one of feature Y on a first location. Then in preferred embodiments have feature Y in a second location and also different possible configurations and numbers ...
Pro Se Hole's user avatar
1 vote
1 answer
98 views

Can "wherein" be used before "comprising"?

I am translating a PCT application. Claim 1 recites a device. Claim 2 depending from claim 1 recites a first device and a second device by defining the device in claim 1 as a first device. Below is ...
rama9's user avatar
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In independent claim does "attachable to a Y" establish existence for antecedent

Independent claim: comprising: an X attachable to a Y. Does this establish an antecedent existence of Y to where the dependent claim should now say "the Y" or does the dependent claim need to first ...
Pro Se Hole's user avatar
1 vote
1 answer
89 views

Is a singular word spelling a different word than a plural spelling, therefore screwing up antecedent flow?

If in the first independent claim I say "an X comprising at least one guide mark on the first side" can I then say in a following dependent claim "the guide marks are also on the second side"? Does ...
Pro Se Hole's user avatar
1 vote
1 answer
115 views

What is the meaning commas in a claim? Do commas limit the list?

a tool, comprising: an X, having an X 1 edge, an X 2 edge, an X first face, an X-second face, an X distal end, an X proximal end attachable to a handle; and a Z guide marking on the X first face that ...
Pro Se Hole's user avatar
1 vote
2 answers
405 views

System claim with method steps included by reference

The following claim was rejected by the USPTO examiner for mixing system and method: An online computer system comprising a processor configured to perform the steps of the method of claim 16. As ...
Jimski's user avatar
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2 answers
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Computer readable medium claim rejected by USPTO examiner

The following claim was rejected by the USPTO examiner for two reasons: For mixing a product and a method. The examiner also stated that the preamble says that this is an independent claim which ...
Jimski's user avatar
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3 answers
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Why are independent claim sometimes repeated with a small wording change in a later claim in newer patents

Why is it many newer patents, such as in US10421637, A cranking mechanism, the independent claim 1 is almost entirely repeated in claim 8, except for a small change? I do not find this in older ...
Pro Se Hole's user avatar
1 vote
2 answers
309 views

Claims - Tangible difference between system claims and method claims - 101 thoughts

Does a system claim which state tangible items, for example "processor configured to" help satisfy the "practical application" aspect of the new guidelines which were released in January 2019? I am ...
IPRGHTS's user avatar
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Reciting claims for elements whose function can be achieved by multiple different mechanisms

I need to hear some of your strategies adopted to deal with a common situation as described in the title of this thread. As we know, an invention has multiple elements each providing its own function ...
user5727's user avatar
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Is a Markush Group claim less strong than its components written as separate dependent claims?

I am trying to decide if adding a lot of extra claims is worthwhile; in this case it would add about 15 more over just using the Markush group, due to repeating in context of 3 different independents. ...
Charles's user avatar
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Is a claim containing two alternatives valid?

Is this claim valid or is this an example of alternative claiming of one or more species. 2. A method of claim 1 further comprising: enforcing at least one of: application rights, application ...
Jimski's user avatar
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