Questions tagged [claims]
Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent
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What is a continuation patent?
I understand that a continuation patent builds upon an existing patent (or application) by the same inventor. However, I find some aspects to be murky and prone to misuse. Specific questions follow:
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Software invention with two components
So, assume I have an iOS application with two components. Let us call those C1 and C2. C1 takes input from the user and does some calculations then stores it for C2 to do more calculations and display ...
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What is the role of dependent claims?
I am very new to filing patents,
What is the role of dependent claims?
Couldn't I just have one claim with any details required? What is the difference in haveing one, two, or ten claims?
When I ...
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Software Patents: Claiming as a METHOD vs as a SYSTEM?
Software patents could be described in claims as methods or as systems. One cannot claim damages for infringement of METHODS until the method is used (e.g. when the software is run). But, one can ...
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What is a difference between System Claims and Method Claims?
In many countries, system claims are treated differently as compared to method claims. I wish to understand -
What is difference between system and method claims?
Generally speaking, in what ...
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What is the inventive step in CA2726258A1?
In reference to the patent: CA2726258A1, "Anti-tumoural effects of cannabinoid combinations".
It looks like this patent application was actually a report done on a study about the efficacy of using ...
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A patent with both apparatus (i.e. system) and method?
I read a while back that one's goal should be a patent that is a method, a system and a means (I don't quite know what a means is). Is this actually a good goal?
I also read that all the steps of a ...
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Is a patent enforceable based on a claim that is dependent on an independent claim that is not enforceable?
I would like to ask about the status of a patent if an independent claim is found to have been anticipated by a previous patent but a claim that is dependent on it has not.
For example, what would ...
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Detailed description of a system to suit system and method claims
I'm writing the detailed description of a computer implemented system. I have explained what the system does, that's where the inventive subject matter is. I have explained an exemplary architecture ...
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How to deal with two aspects of invention in claims
So, assume I have a software invention with two aspects. Let me provide an example to simplify things. Assume I invented a client and server. The client and server both communicate with one another. ...
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Which countries require a claim for using a PPA as priority date?
The book Patent It Yourself states:
I recommend that your PPA contain at least one claim (to) prevent any challenge to your PPA by foreign patent offices for failure to claim the invention as of ...
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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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Single Sentence claim and use of semicolon -linker "; and" in claims
I have noticed a practice of putting "; and" before last statement in a claim.
For Example in US20140180885 (claim simplified to clarify question)
A method for ... comprising the steps of :
...
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Is there any consequences if I don't amend claims properly before the PCT deadline?
PCT application claims can be amended one time via Article 19 and 34.
From my understanding, one can amend claims in the national phase. So what is the point of having limitation in PCT?
In US, one ...
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Claims for aggregated system
This is deeper-dive to earlier question Constructing multi-part system claims
Let's take another example effectively describing easy imagine weather station system for home where there are multiple (...
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Constructing multi-part system claims
What would be the right way to construct claim multi-component system that has their own construct?
Let's say I claim meat production system (or actually ecosystem).
I claim:
A meat production ...
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Do they regard the whole claims to reject a patent based on Prior Art or only independent claims?
Let's bring an example (note I am naive in writing or understanding claims):
Independent claim 1: It is an awesome equipment to detect X,
dependent claim 2: the equipment of claim 1 detects X using a ...
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Do they regard the whole claims of my patent for detecting the patentability of others' application or only my independent claims?
Let's bring an example :
Independent claim 1: It is an awesome equipment to detect X,
dependent claim 2: the equipment of claim 1 detects X using a fork.
If it was granted, would it mean that no one ...
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Must I infringe on EVERY PART of a claim to infringe...?
I have a question regarding how “close” a product can be in terms of IP infringement in the US and the use of language in a claim.
We make a specific kind of paracord / kernmantle. This includes ...
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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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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 ...
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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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Claim with three elements - are products infringing if they contain ANY of the elements or do they need to contain ALL of the elements in the claim?
Is claim 1 a claim to a floor module that contains all three of the subsequent aspects? Or is this patent claiming a module that includes at least one of these aspects? The aspects that I refer to are:...
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Combining two claims for two inventions in one patent
I was informed by the patent agent that I work with that I can combine two related inventions
in one patent if they function together and use similar features.
He said that by combining the two I ...
