Questions tagged [claims]
Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent
330
questions
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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 ...
- 111
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12
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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 ...
- 157
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34
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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 ...
- 223
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2
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87
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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 ...
- 223
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52
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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 ...
- 223
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31
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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 ...
- 223
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18
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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 ...
- 223
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answer
34
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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 ...
- 103
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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 ...
- 133
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41
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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 ...
- 121
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0
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26
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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
...
- 121
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1
answer
49
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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 ...
- 121
0
votes
1
answer
21
views
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 ...
- 121
0
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1
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23
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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 ...
- 121
0
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1
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27
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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)
...
- 121
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1
answer
34
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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 ...
- 121
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1
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71
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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. ...
- 11
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1
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68
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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 ...
- 11
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1
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28
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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 ...
0
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2
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30
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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 ...
0
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1
answer
28
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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 ...
1
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1
answer
27
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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?
2
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2
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49
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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;...
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2
votes
3
answers
200
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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?...
- 95
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4
answers
142
views
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 ...
1
vote
1
answer
535
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:
...
- 57
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1
answer
77
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.
...
- 135
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votes
1
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38
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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 ...
0
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1
answer
37
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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 ...
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1
answer
42
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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 ...
- 135
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2
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90
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, ...
2
votes
1
answer
111
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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2
answers
48
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 ...
0
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1
answer
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 ...
- 135
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votes
1
answer
52
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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 ...
2
votes
1
answer
56
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'...
0
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2
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72
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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) ...
- 91
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55
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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 ...
- 103
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1
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93
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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 ...
- 217
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2
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44
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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?
- 3
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2
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46
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 ...
0
votes
1
answer
30
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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2
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56
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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 (...
- 157
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0
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35
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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 ...
- 217
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1
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41
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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 ...
- 133
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1
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23
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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 ...
- 133
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2
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26
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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 ...
- 133
2
votes
2
answers
165
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 ...
- 155
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130
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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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1
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52
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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 ...
Related Tags
claim-construction × 55
patentability × 42
patent-infringement × 33
prior-art × 21
patent-applications × 14
software × 13
application × 10
infringement × 10
method × 10
pct × 10
dependent-claim × 9
uspto × 9
claim-amendment × 8
novelty × 7
specification × 7
drafting × 6
description × 6
law × 6
independent × 5
usa × 5
filing × 4
definitions × 4
invalidation × 4
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