Questions tagged [claim-construction]
The claim-construction tag has no usage guidance.
107 questions
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referencing an algorithm mentioned in the preamble of a method claim
a computer-implemented method for awarding winners, the winners determined by an algorithm, comprising:
a) receiving a plurality of exam answers from a first user, the plurality of exam answers ...
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2
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28
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can subjective words be used in claims?
a method comprising:
identifying a group in part based on shared similar hobbies among its members.
The word "similar" is subjective.
Questions:
How will the examiner treat this?
In the ...
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1
answer
20
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a list of elements versus a list comprising elements
claim 1
a method comprising:
a) identifying a list of elements having some condition in a database;
As I understand it, "a list of" is equivalent to "a list consisting of", which ...
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20
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redundant steps
a system comprising:
a plurality of electronic devices associated with the plurality of remotely located users;
a network adapted to connect the plurality of remotely located users’ electronic devices ...
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8
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extra details within a step of a method claim
a method comprising:
storing a plurality of users in a database, each user associated with a profile and at least one picture.
In the claim above, does it mean that the profile and pictures are all ...
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18
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precise reference
claim 1:
a method comprising;
storing the profiles of a plurality of users, each user having at least one picture;
claim 2:
a method comprising;
storing the profiles of a plurality of users, each ...
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1
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18
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how can you say the equivalence of "at least zero" in a claim?
a computer implemented method, comprising:
storing a plurality of user profiles, each profile comprising at least zero pictures;
In most social applications, the users have the option to upload ...
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1
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20
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referencing the same device on a software method claim
a computer implemented method, comprising:
receiving a request from a first user using a first electronic device;
sending a response to the first electronic device;
....
If every step of the claim, ...
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15
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Is using the word "each" in the claims considered patent profanity?
for example:
"storing a plurality of profiles belonging to a plurality of users in at least one database, each profile having at least one parameter;"
I remember that the word "each&...
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1
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44
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An optional step that does limit the claim
A method, comprising:
a. identifying at least one of a first score and a second score of a first user;
b. optionally, in response to identifying the first score, identifying a third score;
c. ...
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16
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How can possibly undefined objects be handled in a claim?
A method comprising:
a. identifying at least one of a first score and a second score;
b. determining a first winner when the first score is greater than the second score by 10 points;
c. rewarding the ...
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2
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47
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Can you cite any evidence why this claim would be rejected
A method, comprising:
a. identifying at least one of a first score and a second score of a first user;
b. optionally, in response to identifying the first score, identifying a third score;
c. ...
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2
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43
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defining a base value for objects referenced in an optional step of a method claim
Method claim:
A computer implemented method comprising:
a. identifying a first score for a first user;
b. identifying a second score;
c. optionally identifying a third score;
d. identifying a first ...
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1
answer
31
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how to state a negation of a previous step in a method claim?
method claim:
identifying a first input;
optionally identifying a second input;
in response to identifying the first input, do something;
in response to not identifying the second input, do something ...
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1
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19
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what makes a step of a method claim considered as "performed" or "happened"
In a method claim:
performing at least one of:
in response to identifying a success A, rewarding user A; and
in response to identifying a success B, rewarding user B.
Question:
If neither success ...
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1
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25
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How to amend a claim containing "preferably" to comply with clarity issues
I have noticed that examiners in the US and Canada usually complain about stating preferred values of a broader range in a claim. What would be the best way to amend such claim to comply with clarity?
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who has the burden of making up the claims of a patent, the inventor or the attorney?
This isn't obvious to me.
I would guess that the inventor has the burden of creating the specifications and then the attorney would formalize it into legal language.
But when it comes to the claims, ...
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56
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relationship between claims and embodiments
When drafting a utility patent applications, which component is decided first, the claims (scope) or the embodiments?
Does the claims come first and then the inventor furnish as much embodiments as ...
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2
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52
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in a method claim, how to word it such that the order of certain steps can vary?
Method claim:
The server receives a request from User A containing the unique id of a professor on the server's database;
This request is stored on the database;
x) a time slot is determined for this ...
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1
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74
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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 ...
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2
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161
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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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84
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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 ...
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1
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43
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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 ...
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26
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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?
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44
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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 ...
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33
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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
...
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1
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29
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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: ...
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79
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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 ...
- 121
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1
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22
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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 ...
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31
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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)
...
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94
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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 ...
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34
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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 ...
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2
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35
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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 ...
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1
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30
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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?
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139
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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.
...
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2
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86
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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 ...
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142
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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, ...
2
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1
answer
142
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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 ...
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2
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134
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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 ...
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121
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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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2
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1
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59
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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'...
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2
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78
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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) ...
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121
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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 ...
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33
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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 ...
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2
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37
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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
...
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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
...
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43
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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 ...
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1
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64
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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 ...
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31
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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 ...
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49
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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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