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Questions tagged [claims]

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

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18 views

who has the burden of making up the claims of a patent, the inventor or the attorney?

This isn't obvious to me. I would guess that the inventor has the burden of creating the specifications and then the attorney would formalize it into legal language. But when it comes to the claims, ...
1 vote
1 answer
46 views

Do provisional utility patent applications also contain claims?

What advantages are there in including the claims in the provisional? What advantages are there in not including the claims in the provisional?
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how is this patent for matching "intentions" or "commitment disposition" for dating apps novel or non-obvious?

https://patents.google.com/patent/US12019694B1/en?inventor=Maxim+Cheremkhin almost all dating apps have features for users to select their "relationship goals". For example, "serious ...
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2 answers
33 views

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 ...
1 vote
1 answer
113 views

Is this patent just for the collar of the cane in 5 horizontal lines or for any crystals

In reference to the patent: USD679492 Is this patent just for the collar of the cane in 5 horizontal lines or for any crystals applied to any cane in any design ?
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2 answers
32 views

drafting your own provisional patent, then hire attorney to review and submit

I am writing a software patent application. I am wondering if the following strategy is feasible: draft your own provisional patent hire attorney to review and submit hire attorney to draft the non-...
1 vote
2 answers
49 views

relationship between claims and embodiments

When drafting a utility patent applications, which component is decided first, the claims (scope) or the embodiments? Does the claims come first and then the inventor furnish as much embodiments as ...
1 vote
1 answer
88 views

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 ...
1 vote
2 answers
136 views

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 ...
1 vote
1 answer
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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. ...
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1 answer
75 views

Should a ridesharing platform be allowed a patent?

In reference to the patent: US20150058051 Knowing companies like Uber, AirBnb, RelayRides are share economy companies, what makes this company any different? If this man get a patent, does that mean ...
0 votes
1 answer
31 views

Invalidating a claim which contains a step to charge a user but missing the step that enables the user to consent to be charged

Parts of a software method claim: determining a fee based on the first user profile rating; charging the fee to the first user after the first gift is accepted. In the entire method claim, there is ...
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1 answer
25 views

difference between claiming a software invention as a method, apparatus, or system?

I see many software patents that essentially have multiple repeated claims claiming the same thing but in the form of a method, then system, and then apparatus. What the difference between claiming a ...
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2 answers
31 views

in a method claim, how to word it such that the order of certain steps can vary?

Method claim: The server receives a request from User A containing the unique id of a professor on the server's database; This request is stored on the database; x) a time slot is determined for this ...
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1 answer
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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 ...
2 votes
1 answer
56 views

Can the applicant add new claims to their application in response to a rejection?

Let's suppose that a patent application has 10 claims, first submitted on 01/01/2024. A year later, the examiner rejected 1 of the 10 claims. In response to this rejection, the applicant modified the ...
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96 views

Dependent claim arrangement

It is assumed that a device comprises 4 logic circuits with following relationships using arrows representing input and output signals. A first logic circuit --> a second logic circuit --> a third ...
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2 answers
103 views

why is this patent not reference significant previous work?

In reference to the patent: US20130024676 The patent application (with a 2011 date) is too broad and attempts to patent the entire concept of control flow integrity. There is HUGE previous work ...
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2 answers
116 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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1 answer
52 views

is "either...or" a term acceptable in claim

suppose I need to write a claim for below image, that panel B can either attached to the surface of panel A or to the edge of panel A, is this acceptable in claim, or I have to use alternative in this ...
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Why do some patents include verbatim copies of the claims as filed in the description?

Here is a patent chosen at random that contains the complete set of claims in the "SUMMARY OF THE INVENTION" section. Sometimes this is an "Examples" section at the end. I've ...
1 vote
0 answers
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EPC: Later filed claims with new subject-matter

The following question is EPC-related: I duly filed an application without any claims. Date of filing has been accorded under Art. 80, Rule 40. I will receive an invitation to file claims within 2 ...
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1 answer
42 views

how to write a claim for this attachment

suppose I have two vertical panels that was attached with each other as image attached, could I write below. one vertical edge of the panel attached to another panel surface by appropriate meanings ...
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2 answers
66 views

What is the point of multiple embodiments that are not covered by the claims?

If the protection for a patent is defined by the claims, what is the point of listing multiple embodiments in the specification that are not mentioned in the claims? Is there any advantage of doing ...
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1 answer
19 views

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 ...
1 vote
1 answer
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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 ...
1 vote
2 answers
134 views

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 ...
1 vote
1 answer
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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 ...
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1 answer
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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 ...
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1 answer
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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 ...
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1 answer
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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 ...
2 votes
1 answer
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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 ...
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2 answers
81 views

Patent details changed without consent

I am the inventor of a live patent application which has been altered by the owner of the patent against my wishes. If I withdraw my name from the patent application will this stop the patent going ...
0 votes
1 answer
23 views

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 ...
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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 ...
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1 answer
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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 ...
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1 answer
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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 ...
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0 answers
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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 ...
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1 answer
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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) ...
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1 answer
38 views

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 ...
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1 answer
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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 ...
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1 answer
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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 ...
1 vote
1 answer
192 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 ...
1 vote
1 answer
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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 votes
2 answers
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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;...
2 votes
3 answers
302 views

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?...
5 votes
1 answer
1k 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. ...
1 vote
1 answer
66 views

How to separate method from machine in a claim?

Is the claim 2 mixing method and machine and if it is how would you rewrite it to avoid it? 1. A method for doing things comprising: step 1; step 2. 2. The method of claim 1, wherein at least one ...
1 vote
4 answers
212 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
3 answers
259 views

Deceased father's patent

My deceased father was the inventor of the patent number US3601948 A. I want to know who is the rightful owner of this patent since he has past? My dad die August 4 , 2021 and I’m trying to see how to ...

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