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Questions tagged [claims]

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

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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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Do provisional utility patent applications also contain claims?

What advantages are there in including the claims in the provisional? What advantages are there in not including the claims in the provisional?
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how is this patent for matching "intentions" or "commitment disposition" for dating apps novel or non-obvious?

https://patents.google.com/patent/US12019694B1/en?inventor=Maxim+Cheremkhin almost all dating apps have features for users to select their "relationship goals". For example, "serious ...
Bear Bile Farming is Torture's user avatar
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drafting your own provisional patent, then hire attorney to review and submit

I am writing a software patent application. I am wondering if the following strategy is feasible: draft your own provisional patent hire attorney to review and submit hire attorney to draft the non-...
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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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Invalidating a claim which contains a step to charge a user but missing the step that enables the user to consent to be charged

Parts of a software method claim: determining a fee based on the first user profile rating; charging the fee to the first user after the first gift is accepted. In the entire method claim, there is ...
Bear Bile Farming is Torture's user avatar
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difference between claiming a software invention as a method, apparatus, or system?

I see many software patents that essentially have multiple repeated claims claiming the same thing but in the form of a method, then system, and then apparatus. What the difference between claiming a ...
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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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Can the applicant add new claims to their application in response to a rejection?

Let's suppose that a patent application has 10 claims, first submitted on 01/01/2024. A year later, the examiner rejected 1 of the 10 claims. In response to this rejection, the applicant modified the ...
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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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Why do some patents include verbatim copies of the claims as filed in the description?

Here is a patent chosen at random that contains the complete set of claims in the "SUMMARY OF THE INVENTION" section. Sometimes this is an "Examples" section at the end. I've ...
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EPC: Later filed claims with new subject-matter

The following question is EPC-related: I duly filed an application without any claims. Date of filing has been accorded under Art. 80, Rule 40. I will receive an invitation to file claims within 2 ...
picibucor's user avatar
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how to write a claim for this attachment

suppose I have two vertical panels that was attached with each other as image attached, could I write below. one vertical edge of the panel attached to another panel surface by appropriate meanings ...
cmabill's user avatar
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What is the point of multiple embodiments that are not covered by the claims?

If the protection for a patent is defined by the claims, what is the point of listing multiple embodiments in the specification that are not mentioned in the claims? Is there any advantage of doing ...
Joebevo's user avatar
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Positive ISR and subsequent strategy to broaden claims

I receive a positive ISR (i.e., novel and inventive) for what I thought was rather broad claims. What is the best approach to prosecute broader claims in view of the positive ISR (assuming no added ...
bondonk's user avatar
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Do the claims in a patent need to be related to each other or cover the same subject?

Do the claims within one patent all need to be about one concept or cover one domain or can they be about entirely different things? For instance, would it be valid to create a patent where one claim ...
Maurice's user avatar
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What's wrong with using "claim language" in the description?

I'm often told to keep "claim language" like "plurality" and "comprising" out of the description. Is this just a style preference or is there any compelling reason to ...
jordanpg's user avatar
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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 ...
jordanpg's user avatar
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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 ...
jordanpg's user avatar
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Do prepositional phrases satisfy antecedent basis issues?

A common approach to clarifying antecedent basis when there are multiple instances of some thing is to use ordinals: a first X, a second X, and so on. Does appending prepositional phrases accomplish ...
jordanpg's user avatar
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What is the local scope of definite articles in claims?

I mean scope in the programming sense, not the claim scope sense. For example, if I have claims like: The system comprising an A. The system of claim 1, wherein the A includes a B. Clearly, if the ...
jordanpg's user avatar
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Is additional device claim allowable for CII type claims?

Let's say we are drafting a claim set comprises computer implemented method claim, device claim (for executing method like processing unit), a program claim and a computer readable medium claim. (The ...
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Are there situations where an infringer purposefully designed their product on claims when designing around them had no cost?

Someone told me that sometimes infringers design exactly on claims when going around them incurs no cost - for some sort of sneaky strategic reason. Based on my own reasoning that sounds untrue - why ...
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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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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 ...
Drakes's user avatar
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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 ...
Drakes's user avatar
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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 ...
Drakes's user avatar
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Hedging claims with this application strategy?

There is, of course, no excuse for submitting a poorly-worded patent application. However, while knowing that more than 20 claims costs extra but is allowable, coupled with the fact that upon PTO ...
Drakes's user avatar
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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) ...
Drakes's user avatar
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How to cover multiple modes of a power supply?

Many possible power supplies exist: As a real example, a non-novel part of a disclosure (e.g. powering the microprocessor or general-purpose computer) may derive power from a battery (all kinds, one ...
Drakes's user avatar
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using of generic placeholder "module" that invokes 35 U.S.C. 112(f)

I have a patent containing multiple placeholders such as "a vision processing module" and "a mapping module" which have been regarded as means-plus-function and invoked 35 U.S.C. ...
mathnerd's user avatar
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1 answer
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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 ...
tasukete's user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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Why has the number of claims risen over the past few decades (doubled between 1975 and 2005)?

I saw on https://patentlyo.com/patent/2007/12/rising-claim-co.html: Why has the number of claims risen over the past few decades? Data: The chart shows the average number of total claims and ...
Franck Dernoncourt's user avatar
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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?
Bear Bile Farming is Torture's user avatar
2 votes
2 answers
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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;...
Marko's user avatar
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3 answers
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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?...
Marko's user avatar
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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 ...
Bear Bile Farming is Torture's user avatar
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1 answer
824 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: ...
Ignoramus's user avatar
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1 answer
112 views

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. ...
Chanoh Park's user avatar
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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 ...
Sazzad Hissain Khan's user avatar
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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 ...
Sazzad Hissain Khan's user avatar
1 vote
1 answer
46 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 ...
Ben's user avatar
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1 vote
2 answers
120 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, ...
Sazzad Hissain Khan's user avatar
2 votes
1 answer
128 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 ...
Sazzad Hissain Khan's user avatar
1 vote
2 answers
52 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 ...
Sazzad Hissain Khan's user avatar
0 votes
1 answer
13 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 ...
Ben's user avatar
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2 votes
1 answer
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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 ...
Sazzad Hissain Khan's user avatar
2 votes
1 answer
59 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'...
Sazzad Hissain Khan's user avatar

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