Questions tagged [claim-construction]

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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 ...
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25 views

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 ...
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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 ...
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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. ...
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43 views

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,...
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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 ...
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27 views

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.?
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21 views

X in at least one location?

Would saying "an X in at least one location on Y" mean there can be more than one X, thereby being another way of saying "at least one X exists" or is that not acceptable or clear enough?
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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 ...
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32 views

Can you claim something inherent in drawings, but not described in detail?

Let's say there are two items. Item A and Item B. Item A and Item B are similar, but not identical. One of my claim step is worded like this at the moment. Wherein the copying step uses item A ...
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1answer
31 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 ...
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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 ...
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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 ...
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40 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 ...
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3answers
45 views

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 ...
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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. ...
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2answers
75 views

Nested Claim Construction (US patent practice)

How do you separate the sections of nested method claims to avoid misinterpretation. Claim 1. A method for doing something the method comprising: making square widget comprising: petting the ...
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Repeating claims in a CIP that are identical to those in the parent application or granted parent patent

In a Continuation in Part application, and referring only to those claims from the original application where they, and the specifications they refer to, are remaining unchanged – is there any need to ...
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1answer
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Combining two possible goals or outcomes in an initial claims statement (see stated example)

Would examiners accept a Claim 1 statement ending like this? : ...in order to execute transmission to, or connection therewith, the method comprising So the issue is whether or not the claim ...
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1answer
167 views

Distinction between phrases “one or more” and “at least one” and need to include phrase “a plurality of”

In claims, is there any distinction between the phrases "one or more of" and "at least one of"? If "a plurality of" has already been used in the Claim 1 initial statement (e.g., "at least one of a ...
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1answer
20 views

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
49 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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2answers
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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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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
34 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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383 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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129 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 ...
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1answer
41 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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1answer
38 views

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 ...
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1answer
66 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
47 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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207 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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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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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
48 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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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 ...
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1answer
112 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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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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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 using a ...
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1answer
103 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 no one ...
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1answer
6k 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 ...
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1answer
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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
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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 ...
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1answer
366 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 ...
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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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739 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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617 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 ...