Questions tagged [claims]

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

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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 ...
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Patent Drafting Method: Pros & cons of drafting claims and converting claims to descriptions

What are the advantages and liabilities, if any, of drafting patent claims for an invention first, and then converting the claims into a provisional patent specification with the same wording and ...
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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
124 views

Defining broadest term for claiming

I'm considering the case in which I have an invention and the subject matter is a (computer) web server. So: the first exemplary embodiment would be based on a “web server”, but since I don't want to ...
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1answer
51 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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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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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
990 views

Dependent claim from invalid independent claim

I'm following an Inter Partes Review where the petitioner is trying to invalidate every independent claim of a patent based on prior art. If this is successful, some dependent claims will remain. ...
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1answer
32 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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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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70 views

Patent Application Development Artifacts

From the inventor perspective that has an patent 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
139 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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30 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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How to delimit the last element in a list of means?

The claim 2 has a list of means that apply to "the object" but it may be misconstrued that the last element in the list is not "intercepting" but rather "intercepting the object" in which case the ...
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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
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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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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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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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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
133 views

Election of species for prosecution

I wonder if anyone can answer this. What the US examiner says appears at first sight ambiguous, but there is perhaps a clue in the reference to 35 U.S.C. 121 (which I looked at). The examiner says: “...
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38 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
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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
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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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25 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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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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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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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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What is a CRM (Computer Readable Medium) claim?

(ref: this question, George White's answer) I'm writing a software patent that includes a system and a method claim. I've heard of something called a CRM (Computer Readable Medium) claim, but am ...
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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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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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36 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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31 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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23 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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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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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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63 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
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Older US Utility Application

... that I am wanting international coverage but cannot as the time to do so has expired. I have designed a new component that works with the old claims as a single unit. Can I resume international ...
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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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42 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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3answers
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What is the role of preamble in patent claims?

A claim reads like this. An apparatus for feeding humans, the apparatus comprising: item A; item B; item C. Another claim reads like this. An apparatus for feeding aliens, the apparatus comprising:...
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Does the phrase “at least in part” cover “exact match” too?

wherein string A at least in part match with string B Is the phrase "at least in part" here valid when both string A and String B has the exact same value? Also is that phrase bi-directional?
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Where to place the “; and” in the limitation?

It seems like patent claims requires the keyword "; and" before the last limitation. I'm not sure what is considered as last limitation here. Claim 1: A method comprising: cutting ... ; copying .....
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119 views

Computer readable medium claim rejected by USPTO examiner

The following claim was rejected by the USPTO examiner for two reasons: For mixing a product and a method. The examiner also stated that the preamble says that this is an independent claim which ...
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1answer
31 views

How to protect the value rather than functionality?

I have a situation where I need to protect the "value" which can be used in multiple steps. The value may be same for all steps, but sometimes it can different. I want to protect the value ...
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26 views

Can one use inconsistent terms in the claims?

My speciation contains terms like this. The term "Service" means .... The term "Service Administrator" means .... I have already filed my application. At the moment I'm amending my claims. I think I ...
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2answers
53 views

System claim with method steps included by reference

The following claim was rejected by the USPTO examiner for mixing system and method: An online computer system comprising a processor configured to perform the steps of the method of claim 16. As ...
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1answer
37 views

Co-inventorship when claims based on the contributing inventor's concepts are dropped during prosecution

First, an explanation of the overall context is needed: A CIP has been filed by a sole inventor (me). After filing, it was decided that another individual probably should have been credited as a co-...
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Can the preamble be same for all independent claims?

Let's say my patent has 5 independent method claims. Can all these claims have the same preamble? e.g. A method for doing X, the method comprising:
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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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Legal implications of description vs claims

A theorethical patent situation: Claims include: 1. A machine comprising device type A and device type B arranged to achieve X. 2. A machine according to claim 1 in which device type A is an M. 3. ...

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