Questions tagged [claims]

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

28 questions with no upvoted or accepted answers
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162 views

Is there a Patent-to-English dictionary?

On another site, I learned that many words in U.S. patents have very specific meanings, subtly different from their usual meanings in English. For example, "comprising" is different from "consisting ...
4
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1answer
839 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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0answers
101 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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0answers
48 views

Patentability due to conflicts between dependent and independent claims

For the patenting of one idea, found an existing granted patent which is slightly similar, though seems to not cover the entire idea. One aspect though is not so clear whether it will be an issue or ...
2
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0answers
17 views

If I in my specifications explained enough where someone can recreate my invention but broad in claims could that pass in the uspto?

If my description has enough detail such that someone in the field could recreate it without problems, but my claims ( the part which is the real protect ) are broad to make it hard for infringers. ...
2
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0answers
56 views

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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0answers
37 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 ...
2
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0answers
198 views

Can someone explain the term “commonly owned”?

As seen in a patent application, can someone please explain to a layperson what this term means? "All claims of the present invention application are commonly owned." I am having a heck of a time ...
2
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0answers
130 views

This is the same thing as SleekEZ that is already on the market or not?

In reference to the patent: US20150047576 From this application's claims, What is claimed is: A grooming tool comprising: a blade; a solid wooden handle; wherein said blade is contained ...
2
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96 views

prior art proof

I filed a provisional application in 1994 . Then i sent a full description of my invention to an eminent professor in the field of that invention in USA, soon after filing the provisional application ,...
2
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0answers
33 views

Is something that a user does, an step of a method

Can I write a claim as: A method for detecting X comprising the steps of: Entering Z by the user, Specifying the dimensions of Y by the user ...
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0answers
34 views

Can I broaden a patent while it is tested to work with specific conditions and environment?

Suppose that I am going to file a patent about defect detection of a specific equipment based on machine vision (even its technology belongs to X company) I implemented the system and it works for ...
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0answers
16 views

Is traditional plant material improvement sufficiently descriptive to be considered full disclosure

Patent WO2008110876 A1 discloses a method to enhance the oil production capability of tobacco seeds by means of either mutagenising (chemically inducing mutations) or hybridising existing varieties of ...
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14 views

Query on existing SDP attribute related to this patent

In reference to the patent: US20120195235 How is this different from existing SDP attribute "a=lang" as given in RFC 4566?
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68 views

Licensing Strategies and Negotiaitons

Q: What is your seasoned opinion on how to best proceed to negotiate a profitable and fair licensing deal under the following circumstances. I most appreciate opinions from those who have actually ...
2
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0answers
73 views

Necessity of math justification/motivation in a patent?

I don't know if its appropriate question here...but I anyway want to try... I have an algorithm in which I have a finite data in which each element is assumed as an element of a metric space with a ...
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0answers
41 views

Language in claim:definition

I am writing a claim in which I want to define an object, which is similar to (yet ever so slightly different from) many other like objects. I am doing it like this:"...designating one of said ...
1
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1answer
35 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: “...
1
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2answers
31 views

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 ...
1
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0answers
68 views

Patent 2336970 interactive electronically presented map

One of our clients received a complaint regarding the use of a interactive map. In this case Google maps with a markers overlay showing store locations. The patent https://data.epo.org/gpi/EP2336970B1-...
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0answers
56 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 ...
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0answers
115 views

Termination of patent right or utility model

I was looking up some prior art that reads, "Termination of patent right or utility model", in the LEGAL EVENT notice on the patent document. what does this mean? why would/could it say this?
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37 views

Is this an actual patent? WO2012046284A2

In reference to the patent: WO2012046284A2 There is no technology described in this patent. There are wrong descriptions of scientific theories and many other errors. It even invokes religious ...
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36 views

Re patent on previous work

Are patents based on previous patent allowed ? http://www.google.com.au/patents/US5895642
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1answer
38 views

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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0answers
141 views

How to get a patent invalidated?

Recently while I was writing up a patent, I discovered that another person has written a patent that is so badly and vaguely worded that it could be used to cover my invention. Whereas I offer clear ...
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41 views

How to word either A or B?

If I'm wording a claim for my cool device and I want to express that either option A (squarish flange type 1) or option B (roundish flange type 2) can be attached to my design, or any other type, how ...
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2answers
47 views

Patent Application Development Artifacts

From the inventor perspective that has an patenet 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 ...