Questions tagged [claims]
Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent
330
questions
1
vote
2
answers
109
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 ...
CommunityBot
- 1
0
votes
2
answers
30
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 ...
CommunityBot
- 1
1
vote
1
answer
112
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 ?
CommunityBot
- 1
1
vote
1
answer
68
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 ...
CommunityBot
- 1
1
vote
2
answers
116
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 ...
CommunityBot
- 1
1
vote
1
answer
71
views
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. ...
CommunityBot
- 1
1
vote
1
answer
35
views
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 ...
CommunityBot
- 1
0
votes
2
answers
88
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 ...
CommunityBot
- 1
0
votes
2
answers
95
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 ...
prior-art-request
0
votes
1
answer
12
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 ...
- 10.9k
1
vote
1
answer
34
views
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 ...
- 28.6k
1
vote
2
answers
87
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 ...
CommunityBot
- 1
1
vote
1
answer
52
views
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 ...
- 121
1
vote
1
answer
31
views
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 ...
- 28.6k
1
vote
1
answer
18
views
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 ...
- 28.6k
0
votes
1
answer
18
views
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 ...
CommunityBot
- 1
2
votes
1
answer
34
views
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 ...
- 456
0
votes
2
answers
80
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 ...
CommunityBot
- 1
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 ...
- 10.9k
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 ...
- 28.6k
0
votes
1
answer
41
views
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 ...
- 28.6k
0
votes
1
answer
49
views
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
0
answers
26
views
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
0
votes
1
answer
27
views
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)
...
- 28.6k
0
votes
1
answer
34
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 ...
- 121
0
votes
1
answer
28
views
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 ...
- 28.6k
0
votes
1
answer
28
views
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 ...
- 28.6k
1
vote
1
answer
122
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
27
views
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?
- 28.6k
2
votes
2
answers
49
views
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;...
- 28.6k
2
votes
3
answers
201
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?...
- 2,274
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. ...
CommunityBot
- 1
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 ...
- 371
1
vote
4
answers
143
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 ...
- 201
1
vote
3
answers
216
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 ...
- 28.6k
1
vote
1
answer
539
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:
...
- 28.6k
1
vote
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.
...
- 10.9k
0
votes
1
answer
38
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 ...
0
votes
1
answer
37
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 ...
- 10.9k
1
vote
1
answer
43
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 ...
- 2,274
1
vote
2
answers
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, ...
- 2,274
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 ...
- 28.6k
1
vote
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 ...
- 28.6k
0
votes
1
answer
89
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 ...
CommunityBot
- 1
0
votes
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
2
votes
1
answer
52
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 ...
- 10.9k
2
votes
1
answer
72
views
"Package delivery notification system and method" claims
This is obvious to anyone who has ever waited for a package to be delivered to their house. What does this patent actually claim, and what makes it novel from the systems we all use?
In reference to ...
- 326
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'...
- 133
0
votes
2
answers
72
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) ...
- 28.6k
1
vote
1
answer
55
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 ...
- 28.6k
Related Tags
claim-construction × 55
patent-infringement × 43
patentability × 42
patent-applications × 24
prior-art × 21
software × 13
pct × 10
method × 10
uspto × 9
dependent-claim × 9
claim-amendment × 8
novelty × 7
specification × 7
law × 6
description × 6
drafting × 6
usa × 5
independent × 5
filing × 4
invalidation × 4
utility × 4
protection × 4
definitions × 4
more related tags
Hot Network Questions
- Have companies gone bankcrupt shortly after their stock going up?
- Is it "unscientific" to be sceptical without offering alternative explanations?
- Why do we say that electric potential energy is stored in the electric field?
- Negotiated conditions not met after taking back resignation
- How does Israel define the "destruction of Hamas"?
- Why does more ice melt slower than less ice?
- What is the meaning of "life of the collar" in Season 1 Episode 9?
- Can sound waves be modulated?
- Changes of colour of sunset yellow in water
- How to write an SQL query where the count of 2 different attributes is the same?
- Possibility of anachronistic fossils due to time travel
- ASCII-art milk carton
- Would a larger pipe bring hot water to a sink faster or slower than smaller pipe?
- What does "Googs" really mean?
- How do I show employers that a long commute won't hinder my ability to perform my assigned duties?
- How to let a recruiter know you're not seriously considering another job but you are exploring your options
- should i get a po box for a will / transfer on death deed?
- My site has been hacked. I have managed to clean it up. But now, most of my links are looping back to the home page
- Find the smallest subarray with sum larger than a threshold
- Which context do Record-Triggered Flows run in?
- End of long rest vs finishing long rest
- Does increasing the number of Q functions in Q-Learning scale?
- Super-powered being flying over national airspace
- Why does Sacred Flame specify that the target gets no benefit from cover?