Ask Patents

Questions tagged [claims]

Ask Question

Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent

276 questions
Newest
Active
Bountied
Unanswered
Filter by
Sorted by
Tagged with
1
vote
3answers
48 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.&...
1
vote
2answers
34 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 ...
0
votes
1answer
23 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. ...
0
votes
1answer
21 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 ...
0
votes
1answer
12 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 ...
0
votes
1answer
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 ...
0
votes
3answers
35 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 ...
0
votes
2answers
49 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 ...
0
votes
1answer
35 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
1answer
36 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 ...
0
votes
2answers
33 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 ...
0
votes
1answer
21 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 ...
0
votes
1answer
31 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 ...
0
votes
1answer
39 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 ...
0
votes
2answers
77 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 ...
1
vote
1answer
23 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 ...
0
votes
0answers
38 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. ...
0
votes
0answers
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 ...
0
votes
1answer
63 views

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. ...
0
votes
1answer
28 views

In non-final office action, how to handle previously withdrawn claims?

Assume in a response to examiner's restriction requirement, an applicant elected Claim 1 and withdrew Claim 2 without traverse. Then in the following non-final office action, what should the ...
0
votes
2answers
21 views

How does “A system comprising” claim works when multiple parties involved?

I just Googled the definition for the word system. Google says, a set of things working together as parts of a mechanism or an interconnecting network; a complex whole. So the phrase "A system ...
0
votes
1answer
39 views

How patent claims are examined by an examiner?

I would like understand how a patent application get examined. Let's say, I have 1 independent claim and 99 level 1 dependent claims. Does that mean, the examiner search for prior art for all 99 ...
0
votes
0answers
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 ...
0
votes
1answer
21 views

Does the phrase “at least in part” cover “exact match” too?

wherein string A at least in part match with string B Is the phrase "at least in part" here valid when both string A and String B has the exact same value? Also is that phrase bi-directional?
0
votes
1answer
20 views

Where to place the “; and” in the limitation?

It seems like patent claims requires the keyword "; and" before the last limitation. I'm not sure what is considered as last limitation here. Claim 1: A method comprising: cutting ... ; copying .....
0
votes
3answers
57 views

What is the role of preamble in patent claims?

A claim reads like this. An apparatus for feeding humans, the apparatus comprising: item A; item B; item C. Another claim reads like this. An apparatus for feeding aliens, the apparatus comprising:...
0
votes
1answer
30 views

How to protect the value rather than functionality?

I have a situation where I need to protect the "value" which can be used in multiple steps. The value may be same for all steps, but sometimes it can different. I want to protect the value ...
1
vote
1answer
26 views

Can one use inconsistent terms in the claims?

My speciation contains terms like this. The term "Service" means .... The term "Service Administrator" means .... I have already filed my application. At the moment I'm amending my claims. I think I ...
1
vote
1answer
19 views

Can the preamble be same for all independent claims?

Let's say my patent has 5 independent method claims. Can all these claims have the same preamble? e.g. A method for doing X, the method comprising:
1
vote
1answer
36 views

Co-inventorship when claims based on the contributing inventor's concepts are dropped during prosecution

First, an explanation of the overall context is needed: A CIP has been filed by a sole inventor (me). After filing, it was decided that another individual probably should have been credited as a co-...
1
vote
1answer
30 views

Legal implications of description vs claims

A theorethical patent situation: Claims include: 1. A machine comprising device type A and device type B arranged to achieve X. 2. A machine according to claim 1 in which device type A is an M. 3. ...
0
votes
1answer
25 views

Can a really broad claim like 'the top is made of plastic' cause an infringement?

I came up with an idea for which a device has already been patented which has some of these really broad claims. My design would be very different from the design in the patent, but at the end they ...
1
vote
2answers
46 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 ...
0
votes
2answers
93 views

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 ...
0
votes
1answer
22 views

can claims of another patent overlap with product?

I'd like to point out I have zero experience with patents. I am a student engineer who is looking to develop a product. A company has already filed a patent for a very similar product. In claim 1 ...
2
votes
3answers
121 views

Is the phrase “none or more” acceptable in a USPTO patent claim?

The Examiner has objected to three of the claims in a patent application I have filed, due to the presence of the phrase "none or more" and requires it to be corrected to "one or more". The claim is ...
0
votes
3answers
60 views

Is it possible for patents to have trade secrets?

Is it possible to omit miscellanous or detailed mechanisms which directly depend on the main mechanism of an invention from a patent. e.g. say A is the main mechanism for an invention, B mechanism ...
1
vote
1answer
46 views

If a product doesnt meet one claim of a patent, would it get patent infringement notice?

If there is a patent for a product that has 16 claims and I sell a similar product and my product falls under 15 claims of the patented product but not the 16th claim then is it sellable? Or would I ...
1
vote
2answers
102 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 ...
0
votes
1answer
27 views

Is there any fee for amending claims before the publication in USPTO?

My USPTO non-provisional application is not published yet. It contains 1 independent claim and 19 dependant claims. I would like to remove some dependent claims and then add some new claims. The ...
0
votes
3answers
71 views

Claiming various solutions to solving the same problem

if my invention includes various solutions to solving the same problem such that all solutions are independent of each other, how should I claim such an invention?
0
votes
1answer
43 views

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 ...
0
votes
0answers
28 views

Non-Elected, Rejected and Objected claims, and reviving the abandoned patent

I followed my patent application after 3 years and found that it is abandoned. The abandonment report mentioned that patent has been abandoned because "No reply has been received". The final claim ...
0
votes
2answers
52 views

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....
0
votes
2answers
106 views

Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

A week back, I got a very good answer regarding PCT provisional protection. I have a related question. Is it necessary for a national application to claim priority to the PCT application to get the ...
0
votes
2answers
76 views

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 ...
0
votes
1answer
48 views

Can a claim “wherein” clause contain past tense?

I have a claim like this. 1. A method for ....., the method comprising: providing X for a user; 2. The method of claim 1, wherein the user was instructed to do X The claim 2 contains the ...
0
votes
1answer
22 views

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 ...
0
votes
2answers
84 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 ...
0
votes
1answer
52 views

Can an inventive step included in the “wherein” clause?

I have a process that performs the same steps as prior art. However my "wherein" part is completely unique. Will it be considered as a valid independent claim?

1
2 3 4 5 6