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

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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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Systems and methods claims

The invention of interest is a system comprised of methods and a collection of tangible measurement device & electronic data collection systems. I was advised to avoid mixing: the structure ...
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claims drafting

In reference to the patent: WO2015002635A1 Is it ok to write a word like ''substantially'' in claims?
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U.S. Patent Law: Filing a Regular Application with broader claims than the provisional - will the USPTO deny the earlier filing date?

Let's say an Inventor is trying to patent a drinking cup/mug. In July 2018, the Inventor files a Provisional Patent Application, with a claim for "a cylindrical drinking vessel storing consumable ...
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Can claims be amended after patent contents become public?

I have filed non provisional, regular utility patents applications. I will be also filing continuation applications. Can I add or amend claims after the content is made public? Such as in a crowd ...
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Claims wording: too narrow and subject to workaround?

A test and measurement system records data. Would it be better to indicate: A test and measurement system that forwards data to a data store . (not a 'database'). OR is it 'good enough' to state:...
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What is the value of patent #us3260443A “Blower” My Grandfather Edward Vactor Garnett [duplicate]

My grandfather and great-grandfather Edward and vactor Garnett have over 45 patents of automobile stuff and I'm trying to do some more research on the matter.
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1answer
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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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29 views

How broad are patents?

If i patent a device that puts mail in peoples mail boxes and the someone else tries to patent a different way of doing the same thing, and one of my approved claims is for devices that put mail in ...
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1answer
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Does „at least one“ mean a four?

The independent claim declares „comprising … at least one support.“ The dependent claim state „a body joined to said support.“ Does the dependent claim cover a body that is joined to, say, four ...
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Patent 2336970 interactive electronically presented map

One of our clients received a complaint regarding the use of a interactive map. In this case Google maps with a markers overlay showing store locations. The patent https://data.epo.org/gpi/EP2336970B1-...
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3answers
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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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1answer
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Edited Claims- what date priority?

On an old Non-provisional, if the patent owner keeps revising claims based on alternative embodiments and gets them granted, What priority date do the new granted claims have? Old priority date or ...
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Do I need to define 'IOT sensors' when using the term in claims?

Can one expect the patent examiner to know that an 'IOT sensor' is a sensor that communicates to a computer that is networked into a LAN or WWAN?
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1answer
30 views

Amendment of objectionable or rejected claims?

As I understand it, claims can be: rejected: the substance is unallowable under 35 U.S.C. 101, 102, 103 and/or 112. objected: the form of the claim is improper 37 CFR 75 grouping requirement ...
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1answer
35 views

Second use claims

What is the right format of a second use claim? Is it the same as the swiss style format? The patent office in my country does not accept the swiss style claims that I submitted, then I am supposed to ...
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1answer
31 views

Does the finding of an invalid claim defeat the patent application?

As I understand it, a dependent claim would be invalidated if the cited independent claim is found invalid by the authority (examiner or judge). QUESTIONS Scenario 1: USPTO examiner finds an ...
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1answer
56 views

What are the key questions that should be answered in Claims

Context: USPTO for an electronic device. Are Claims required to answer the question: What can the device do? How is it useful? How is it novel? As I understand it the description and drawings ...
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What are the best post-Alice strategies for drafting claims in software patent applications?

As I understand, the Alice decision set up a two-step rule for determining patent eligibility. Subsequent rulings in the U.S. (like McRO, Inc. v. Activision Publishing, McRO v. Bandai Namco Games ...
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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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When the examiner's rejection is based on “one of” language, does this necessarily mean the statement can only be allowed by changing to plural?

The example is a statement such as ...a transmission function of at least one of: a communications subsystem of the device, or program application installed on the device, capable of ...
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1answer
34 views

Is there a clear advantage of filing a Continuation application with new claims vs. heavy revisions of original claims?

(Clarifying with more detail): With the original application in prosecution with multiple rejections to be resolved, is there an advantage of filing a Continuation application with the same specs but ...
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1answer
32 views

In claims, is it allowed and of proper form to define a term or phrase in the form “hereinafter referred to as …”?

For example: ...the message data source content to be transmitted, hereinafter referred to as “the source content” ... I feel I need to do something like this in multiple places because the ...
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1answer
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Elimination of Cannabis Manufacturing/Processing?

In reference to the patent: US20170290869 Seems this patent would eliminate or preclude 100's of companies in states where cannabis processing is legal, most companies are now processing by CO2 ...
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1answer
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First publication claim patent

I published four months before them They filed for patent eight months after I published Can I claim their patent? Also I submitted an very similar patent two months before I published. I am just ...
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1answer
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Examiner Cited Disclosed Art 3 Years After the fact in a 102 Rejection

I have an outstanding patent application that has gone through 5 Office Actions, 9 prior art citations, and one improper final office action withdrawn by the TC Director over the past 3 years. On the ...
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Retrieve US patents claims

I am trying to automatically retrieve patents claims from different jurisdictions. Open Patent Services allows to retrieve patents Claims from WO, EU, and several other patent offices whereas no ...
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1answer
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Does my invention infringe on this hardware/software system?

So say there exists a patent for a hammer simulator, it consists of a piece of hardware: a specific hammer's (modified) handle connected to sensor base that detects any movement and translates that ...
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1answer
37 views

Patent image irrelevant to claims

I am looking at a particular patent where they are claiming a GUI (graphical user interface) that contains a draggable interactive controller as a critical element of the invention. But one of the ...
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1answer
129 views

Is no one ever allowed to use a simplex grid in procedural generation until the Simplex Noise patent expires?

I'm having a hard time interpreting the claims found in Ken Perlin's patent for simplex noise. It seems that if I do not use the same method of hashing indicies that he used, I'm not violating claim ...
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Patentability due to conflicts between dependent and independent claims

For the patenting of one idea, found an existing granted patent which is slightly similar, though seems to not cover the entire idea. One aspect though is not so clear whether it will be an issue or ...
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Claim about prior art for patent US20110162467

In reference to the patent: US20110162467 I saw a prior art by Rosheim (2006) https://books.google.com.ec/books?redir_esc=y&id=64Ax_hfiXDIC&q=101#v=snippet&q=101&f=false (p. 101). The ...
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1answer
44 views

Can I patent in spite of this existing patent with very broad description?

I want to patent my product which does something based on your proximity to it, using your smartphone's GPS. I'm searching for existing patents, and I found this one which is about an LED light, ...
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1answer
36 views

Advantages of Designing Sub-Patents based on an initial wide-ranging Patent owned by the same inventor?

As a general rule of thumb, what would be the main approach/advantages to designing a series of secondary patents, all based on a broad initial patent, but which are themselves more specific to ...
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If I in my specifications explained enough where someone can recreate my invention but broad in claims could that pass in the uspto?

If my description has enough detail such that someone in the field could recreate it without problems, but my claims ( the part which is the real protect ) are broad to make it hard for infringers. ...
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1answer
143 views

Is it best to make independent claims very broad and depended claims very narrow?

Would this counter balance the patent well? So people know exactly what my invention is but but are very limited in work around cause my independent claim is so broad and hard to work around. Its Very ...
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1answer
50 views

Should patent claims be narrow yet vague?

I'm learning about drafting a patent. I was told you should walk a line between broad and narrow. You want the claims to cover many things but not so many that they infringe prior art. So I was told ...
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1answer
41 views

What is the proper structure for a claim statement involving “a plurality”?

To state that something is but one among a field of many possibilities, which of these is the better way to structure it?: “...executing transmission of the digital content to at least one of a ...
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2answers
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Must I infringe on EVERY PART of a claim to infringe…?

I have a question regarding how “close” a product can be in terms of IP infringement in the US and the use of language in a claim. We make a specific kind of paracord / kernmantle. This includes ...
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1answer
43 views

Can terms and conditions trump patent awards?

I am about to apply for a patent with regard to a specific type of interaction between website users. My website has been developed to allow Facebook logins for users (but not implemented yet), but I ...
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1answer
39 views

Guidelines or advice about establishing limits on independent claims

It's my novice patent-drafter understanding that independent claims (especially the first one) should be as broad as possible without being so broad that as to easily negated by prior art of any kind –...
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1answer
54 views

Claims statements repeated in different categories such as “a method for,” “a system for,” etc

Referring specifically to a computing device interface invention: when a substantially similar set of claim statements is being repeated under categories of "a method for," "a system for," "a computer ...
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66 views

Termination of patent right or utility model

I was looking up some prior art that reads, "Termination of patent right or utility model", in the LEGAL EVENT notice on the patent document. what does this mean? why would/could it say this?
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Is this an actual patent? WO2012046284A2

In reference to the patent: WO2012046284A2 There is no technology described in this patent. There are wrong descriptions of scientific theories and many other errors. It even invokes religious ...
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1answer
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Can seemingly unrelated claims be grouped together if they're part of the same broader invention?

Suppose I'm filing a patent about a new web based utility. Can various aspects of it, such as presentation, database setup, processing method, etc. be grouped together as individual claims in the ...
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1answer
99 views

Is there a Patent-to-English dictionary?

On another site, I learned that many words in U.S. patents have very specific meanings, subtly different from their usual meanings in English. For example, "comprising" is different from "consisting ...
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2answers
124 views

Inventive step and how to express multiple solutions to a problem

If an inventive step solves several problems outlined in the background, should you list each problem as an "object of the invention" separately and if so, do you need to address each solution ...
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1answer
155 views

Patent with Multiple Claims

Suppose a granted patent has four claims A,B,C and D. Can someone do what the patent teaches using only A,B and C only without infringing the issued patent? Ashok Mathur
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268 views

Combining two claims for two inventions in one patent

I was informed by the patent agent that I work with that I can combine two related inventions in one patent if they function together and use similar features. He said that by combining the two I ...
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1answer
35 views

Software invention with multiple aspects and method

In a software invention, if you describe two or more aspects of the invention. Are those aspects referred to as methods or they are defined as the method of the invention which cannot be divided. ...