Questions tagged [claim-construction]
The claim-construction tag has no usage guidance.
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Can claim preamble contain terms not present in specification?
I would like to use the term "non pliable" in the claim preamble which does not appear in the specification. However the term "pliable" does appear in the specification but is not specifically defined....
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How to delimit the last element in a list of means?
The claim 2 has a list of means that apply to "the object" but it may be misconstrued that the last element in the list is not "intercepting" but rather "intercepting the object" in which case the ...
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How to separate method from machine in a claim?
Is the claim 2 mixing method and machine and if it is how would you rewrite it to avoid it?
1. A method for doing things comprising: step 1; step 2.
2. The method of claim 1, wherein at least one ...
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Is this a common practice to amend a claim by striking through every word in the original claim?
Is this a common practice to amend a claim by striking through the entire text of the claim and introducing completely new text, instead canceling the claim and introducing a new claim. I mean no word ...
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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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Use of 'substantially similar' or other phrases describing elements to be similar but not identical
Two icons in different parts of an interface are intended to be recognized as representing the same thing at some level, yet are also distinguished by other visual cues (size, location within ...
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What is the practical value of repeating similar claims in slightly different contexts?
In claims for a computer-implemented invention, what is the practical advantage of repeating similar claims under "a method," "a system," and "a non-transitory computer usable medium" categories?
i....
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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 ...
- 633
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1
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986
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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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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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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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810
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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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54
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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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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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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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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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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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123
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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 ...
user18033
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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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257
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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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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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3
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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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123
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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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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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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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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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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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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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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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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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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 ...
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