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Questions tagged [claims]

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

199 questions
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1answer
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What is a difference between System Claims and Method Claims?

In many countries, system claims are treated differently as compared to method claims. I wish to understand - What is difference between system and method claims? Generally speaking, in what ...
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26 views

What is the strength of the patent, if during re-examination all the independent claims get cancelled and only dependent claims are confirmed?

In the patent US7292151B2, many claims including independent claims have been cancelled during reexamination. However, patentability of corresponding dependent claims is still confirmed. In this case, ...
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24 views

Patent Application Development Artifacts

From the inventor perspective that has an patenet attorney team developing a patent, I am trying to put together a plan comprising a list of deliverables (to be produce by patent attorneys), each with ...
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1answer
28 views

Can I change a filed utility patent application to change the original filing fee?

I've filed a utility patent application, with a number of claims that increased the original filing fee. Is it possible to change that application, to reduce the number of claims, resulting in the ...
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1answer
26 views

Impact of claim scope on potential infringement

It happens often that patent claims have as broad a scope as they can get away with. However, I have heard that, if your invention can be in general described by an independent claim of a third-party ...
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2answers
40 views

Are “patent-claims” and “elements of a claim” defined in the law?

I'm trying to understand "claims" and how they define an invention. Is there a strict unambiguous definition of "claim" and how multiple claims about the same invention together with the "elements" ...
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1answer
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Should a dependent claim only referrence another dependent claim if it depends on it's new subject matter?

Along with this question. What difference does it make if you reference an independent claim directly or indirectly through another dependent claim? Is it ever necessary to state "as claimed in any ...
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1answer
139 views

What is the difference between a withdrawn claim and a cancelled claim?

In an amendment to the claims, you can mark them (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered). What is the difference between Withdrawn ...
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30 views

Isn't this patent following the same process as US5854056A?

In reference to the patent: WO2017151684A1 (Patent 1) I think that it follows the same process as described by patent US5854056A (Patent 2) from 1997 and titled Fungal cell wall production and ...
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1answer
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Claims for aggregated system

This is deeper-dive to earlier question Constructing multi-part system claims Let's take another example effectively describing easy imagine weather station system for home where there are multiple (...
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1answer
27 views

Constructing multi-part system claims

What would be the right way to construct claim multi-component system that has their own construct? Let's say I claim meat production system (or actually ecosystem). I claim: A meat production ...
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2answers
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Can a patent make you stop selling your product?

You invented, build, and a product (like a Personal Cooling Unit a devise you wear over your close to keep cool). You have records and receipts of your sales, published pictures, online catalogs, and ...
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1answer
24 views

Set-theoretic view of dependent vs. independent claims

I know that the role of dependent claims has been thoroughly explained in another post in this forum. However, I wanted to clarify something, to see if I am getting this right: A dependent claim must ...
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2answers
24 views

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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1answer
22 views

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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1answer
22 views

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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2answers
26 views

claims drafting

In reference to the patent: WO2015002635A1 Is it ok to write a word like ''substantially'' in claims?
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1answer
37 views

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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1answer
31 views

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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2answers
27 views

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
86 views

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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1answer
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
17 views

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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0answers
33 views

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
88 views

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
11 views

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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2answers
249 views

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
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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
36 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
92 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
60 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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0answers
88 views

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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2answers
104 views

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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1answer
31 views

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
35 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
55 views

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
42 views

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
57 views

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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0answers
36 views

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
47 views

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
271 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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0answers
38 views

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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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, ...
4
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1answer
37 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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0answers
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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
204 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 ...
2
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1answer
61 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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