Questions tagged [claims]
Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent
308
questions
2
votes
2
answers
38
views
Interpretation of apparatus having specific logic
Here is a patent (US10255656B2) that claims an apparatus with specific functionality. I would like to focus on the first claim for now:
A multiprocessor comprising:
a register file to store operands;...
- 63
2
votes
3
answers
60
views
Independent and dependent claims relation
Is it possible to infringe a patent by infringing dependent claims and not independent claims? Does that mean I just need to check independent claims of a patent to be sure I don't infringe the patent?...
- 63
1
vote
4
answers
81
views
Is the goal of a patent claim to have as few elements as possible?
Let's suppose that a patent claim consists of 3 elements, A, B, and C.
It is only infringement if someone creates a product that contains at least 3 of those elements.
Hence, would it not beehive the ...
1
vote
1
answer
31
views
Why do few US patents have reference numbers in the abstract and claims?
In my experience very few US patent documents have reference numbers in the claims or abstract, even though doing so would make the document easier to understand. Why is this?
MPEP 608.01(m) states:
...
- 57
1
vote
1
answer
37
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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.
...
- 135
0
votes
1
answer
31
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Why no sue for using linked list?
I found a patent with active status apparently claimed the linked-list data structure.
A computerized list that may be traversed in at least two sequences comprising:
a first sequence of items that ...
0
votes
1
answer
32
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Can it be patentable?
Lets say, there is prior art PA whose claim is a method comprising steps A -> B -> C -> D. The method is used in a complex system S, as a part along with many other different components of ...
1
vote
1
answer
22
views
Prior art and claim
If one writes the main claim by using a classifying part and a characterizing portion of this claim, then the classifying part reflects the known prior art or its features and the characterizing part ...
- 135
1
vote
2
answers
52
views
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, ...
1
vote
1
answer
78
views
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 ...
0
votes
2
answers
33
views
Why not merging multiple patents to save money?
Why not merging multiple patents to save money?
I often find single company, single inventor submitted multiple patents at the same time. We all know that, to apply for a patent companies need to ...
0
votes
1
answer
10
views
Scope of a feature "..connected together"
I guess this question relates to General and specific feature.
In the patent EP 2778 117 there is written in [0018]:
"The outer layer (1) can be made of single material, such as leather,
or ...
- 135
1
vote
1
answer
45
views
Can ML applied on an existing idea be patented?
Can ML applied on an existing idea be patented?
Lets say there is a prior art patent P whose claims C cover the methodology steps S. Now the P did not claim any ML (machine learning) approach in their ...
1
vote
1
answer
46
views
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'...
0
votes
2
answers
64
views
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) ...
- 61
1
vote
1
answer
30
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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 ...
- 61
1
vote
1
answer
40
views
Adding linking claim to defeat species restriction
The invention is a method and composition to treat a medical condition — a CIP with 20 claims initially. The examiner has required election between the method and composition claims, and election ...
- 227
0
votes
2
answers
34
views
Is each step in a claim separately protected?
In order to infringe on a US patent, does every step of at least one claim need to be implemented or is each step in a claim separately protected?
- 3
0
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2
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42
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Is it ok to introduce a named element in a claim and never mention it again?
Here's a dumb absolute beginner question: so I have in the claim something like
a first lever arm pivotally connected to the widget member at a first joint;
a second lever arm pivotally connected to ...
0
votes
1
answer
26
views
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 ...
0
votes
2
answers
55
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Is hiring a professional attorney/prosecutor after the first evaluation a good idea?
Right now I have no idea whom to hire, possible costs etc.
I've been contacting a few firms I found online, also here, and the best I got was a polite reply saying they are no longer in business (...
- 143
1
vote
0
answers
30
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Spelling out doses in method claims with “therapeutically effective dose” language
I’m writing method claims for a nutritional supplement like the following—
A method of reducing [a health condition] of a subject, comprising administering to the subject a therapeutically effective ...
- 227
0
votes
1
answer
32
views
Can alternative embodiments well known to skilled persons but not described in my description be protected by my broad claim?
I missed from the description some alternative embodiments, particularly some different structures/versions/variations. The claim is broad and it is not limited to the embodiments of the description ...
- 123
1
vote
1
answer
20
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Is it possible to remove a restrictive term in the main claim of a PCT?
The drafter of my PCT did very poor work and he put a restrictive term in the main claim of my PCT. What are my options to remove that term and expand my claim at the national phase or by amending my ...
- 123
0
votes
2
answers
23
views
If a claim is broader than the description, what is protected exactly?
If a description describes one embodiment but the claim is very broad that does not limit to that embodiment, what will be actually protected? Any embodiment under the broad claim or the specific ...
- 123
2
votes
2
answers
146
views
Understanding the claims in this machine learning patent application
I was looking at an American machine learning patent application the other day, and it detailed many specific parts. It goes through how they label the data to solve their problem, and how they train ...
- 155
2
votes
1
answer
107
views
After drafting two independent claims for interrelated apparatus, is it possible to draft 3rd independent which include both?
I have two interrelated apparatus like a socket and a plug. I'd like to draft one independent claim for each one. Is it possible to draft 3rd independent claims included both apparatus? And if it is ...
- 61
2
votes
1
answer
50
views
It is ok to have "a turbine blades" in a claim as plural?
I original had "further comprises turbine blades" in the specifications and claims now moving into an independent claim, is it ok to have "a turbine blades" or "a turbine ...
2
votes
1
answer
45
views
Ambiguously worded patent claim
I read a US utility patent for some technology where the first claim was a method claim consisting of multiple parts a), b), c), etc. One of those parts specified the range of radiation in which the ...
- 145
0
votes
1
answer
34
views
Can I add more claims for the same invention after patent grant?
Let's just say I have an invention and I would like to have 60 patent claims to cover the invention properly.
I file the application with 30 claims (3 independent and 27 dependent) and my patent is ...
- 373
0
votes
1
answer
39
views
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 ...
- 25
2
votes
1
answer
30
views
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 ...
- 25
1
vote
3
answers
76
views
What are the rules regarding the applicant being his own lexicographer?
According to the patent law, " applicant may use terms in a manner contrary to or inconsistent with one or more of their ordinary meanings if the written description clearly redefines the terms.&...
- 103
1
vote
2
answers
54
views
Without access to patent attorney, Is it better to write all claims myself or to write a single, broad claim and add them later on?
I don't have access to patent attorney or professional patent drafter and I need to file an application. After that I plan to publish the invention and, if there will be some interest from any ...
- 103
0
votes
1
answer
34
views
Will describing by way of a specific example in detailed description of invention support claims that are not so specific?
I am writing a patent description for a patent application. It's a blockchain protocol. When writing it, I found it easier to describe each of the steps the protocol does using an exemplary scenario. ...
- 103
0
votes
1
answer
24
views
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 ...
- 117
0
votes
1
answer
24
views
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 ...
- 117
0
votes
1
answer
36
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 ...
- 117
0
votes
3
answers
42
views
Where in your patent application can you make an argument that you're invention is non-obvious?
I'm a guy in a garage inventor. This is my first time trying to get a patent. I've got a provisional patent and I've done a fairly extensive patent search and I've done some research on how to to fill ...
- 117
0
votes
2
answers
70
views
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 ...
- 11
0
votes
1
answer
47
views
How to distinguish "use" claims from "product" claims?
I understand that a claim like:
A compound as claimed in claim 1 for use as a medicine.
is a "use" claim (compound used as medicine) as further explained here.
Now I ask myself, is a claim like:
A ...
0
votes
1
answer
48
views
Is it possible to proceed with patent application when prior art is found for 1, but not all, of the indipendent claims?
Suppose we have an EU or US patent with 3 claims. The examiner rejects one of the indipendent claims because of prior art.
Ist it still possible to process with the patent application by giving up the ...
- 11
0
votes
2
answers
61
views
Changing aspect/step of system/method of patent claim to avoid infringing upon patent
I recently asked some questions relating to the scope of claims in utility (specifically, technology) patents. The user "George White" then answered the following in response to question 2:
To ...
- 145
0
votes
1
answer
23
views
Characterization and scope of claims in technology patents
When viewing technology patents, I notice that they list a number of claims, and the structure of these claims takes various forms. Relating to this, my questions are as follows:
Does the scope of ...
- 145
0
votes
1
answer
33
views
Does patent for an apparatus cover the individual sub-components as well?
My invention is a replacement part for an existing device, that results in novel functionality. My patent will claim:
Existing device (A) + my novel component (B) = A novel apparatus (c)
Will a ...
- 3
0
votes
1
answer
81
views
Can a claim be considered prior art if when taken out of context it describes your invention?
I found a patent that has a claim that when read out of context could arguably describe my invention. Their claim requires an external device to provide a notification whereas my device recognizes the ...
- 117
0
votes
2
answers
103
views
Prior art on US2020012817 & US2020042837
I'm working on a startup, and I believe I've found two infringing patents about removing text from shareable content using OCR and machine learning. These patents are US2020012817 & US2020042837 ...
prior-art-request
1
vote
1
answer
32
views
Filing a continuation to result infringement
Given the following scenario:
A patent issued to me is a prior art to patent filed by another company – I have the priority date. I can easily invalidate their patent but it does not mean that uses of ...
- 173
0
votes
0
answers
41
views
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.
...
- 1
0
votes
0
answers
40
views
at least one there, some perhaps here within there, this way and that way
Examples I have seen seem to follow the "at least one X" language with a first X, second X type language. However, My X is an indicium delineating an angle, such as 45° or 15°, with a special stated ...
- 41
Related Tags
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patent-applications × 24
prior-art × 21
software × 13
method × 10
uspto × 9
pct × 9
specification × 7
law × 6
novelty × 6
drafting × 6
claim-amendment × 6
usa × 5
description × 5
independent × 5
filing × 4
invalidation × 4
utility × 4
protection × 4
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definitions × 4
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