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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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15 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. ...
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1answer
24 views

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 ...
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1answer
31 views

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 ...
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1answer
17 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 ...
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2answers
47 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, ...
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1answer
75 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 ...
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2answers
28 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 ...
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1answer
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 ...
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1answer
43 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 ...
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1answer
41 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'...
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2answers
61 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) ...
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1answer
25 views

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 ...
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1answer
35 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 ...
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29 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?
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40 views

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 ...
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1answer
22 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 ...
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2answers
48 views

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 (...
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0answers
29 views

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 ...
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1answer
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 ...
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1answer
20 views

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 ...
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2answers
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 ...
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2answers
139 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 ...
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1answer
100 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 ...
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1answer
49 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 ...
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1answer
42 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 ...
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1answer
32 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 ...
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1answer
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 ...
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1answer
27 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 ...
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3answers
60 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.&...
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2answers
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 ...
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1answer
33 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. ...
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1answer
23 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 ...
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1answer
18 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 ...
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1answer
33 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 ...
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3answers
41 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 ...
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2answers
62 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 ...
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1answer
44 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 ...
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1answer
47 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 ...
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2answers
53 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 ...
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1answer
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 ...
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1answer
32 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 ...
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1answer
79 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 ...
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2answers
100 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 ...
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1answer
31 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 ...
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0answers
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. ...
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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 ...
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1answer
66 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. ...
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1answer
33 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 ...
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2answers
37 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 ...
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1answer
44 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 ...

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