Questions tagged [claims]

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

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9k views

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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1answer
5k views

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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4answers
450 views

What's the best approach to document a claim?

I'm wondering what the best way to match prior art to a claim you feel is invalid. I have found examples applicants use with the USPTO, so I would imagine using that same format to invalidate a claim ...
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2answers
960 views

Does prior art need to cover all claims in a patent application in order to invalidate it?

If there are several Claims in a patent application, can prior art for one of them invalidate the entire patent application since all the other claims are dependent claims? Or does that just mean the ...
7
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2answers
537 views

Apple designs were not the first. So why grant them patents?

Why did the USPTO (US Patent and Trademark Office), grant Apple the "Wedge" design when in fact it was first created by Sony's X505 product? Clearly this Sony X505 laptop with its wedge design dates ...
7
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1answer
5k views

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 ...
7
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1answer
110 views

What is the relationship between US20080195499 and Bitcoin?

In reference to the patent application: US20080195499 We found a patent that seems to cover sending and receiving funds via Bitcoin. I'm curious of how this might affect Bitcoin and existing ...
6
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1answer
234 views

Okay to use “optionally” in a claim?

In a claim, is it okay to use something like: ... node A connects to node B, optionally encrypted, such as via SSL or TLS. I know I can add a dependent claim instead, but is there any advantage of ...
6
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1answer
81 views

Does my product infringe on claim 1 of EP 2342386 A1?

I am producing a rainwater collection system and am not sure if the current system infringes on Nigel O'driscoll's Rainwater harvesting system (EP 2342386 A1), which is listed as follows: A ...
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1answer
453 views

Do you have to amend claims lacking novelty or an inventive step

If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
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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 ...
5
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1answer
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 ...
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612 views

Claim dependence on later claim

Is it allowable in US patent applications to have a claim dependent on a later claim in an amendment? For example: (previously presented) The system of claim 17 where .... .... (currently amended) ...
4
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1answer
49 views

Amendment of objectionable or rejected claims?

As I understand it, claims can be: rejected: the substance is unallowable under 35 U.S.C. 101, 102, 103 and/or 112. objected: the form of the claim is improper 37 CFR 75 grouping requirement ...
4
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1answer
73 views

Is there a custom or policy of obfuscating dangerous details in patents?

I was reviewing an expired U.S. patent for a clever industrial process that is sufficiently dangerous that it should not be attempted by people not skilled in the art. Throughout the patent, ...
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3answers
6k views

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 ...
4
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1answer
84 views

How detailed can be independent claims in a PCT utility application?

I am currently writing claims for a PCT utility application. It appears my independent claim is rather lengthy and can be broken down into many dependent claims, but that is not what I am after. My ...
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1answer
96 views

What does claim 1 of US 2008/0255822 A1 cover?

In reference to the patent: US 2008/0255822 A1 Does this patent mean that no-one can do another architecture coverage driven test generator for ARM cores? This patent is quite generic and I believe ...
4
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1answer
97 views

Mobile Payment patent: Why is the last step of Claim 1 there? It seems to contradict the second to last step of Claim 1

In this mobile payment patent: http://www.google.com/patents/US8639619, the last 2 steps of claim 1 are: providing the token and the payment amount to the payment-processing entity, via the ...
4
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1answer
81 views

How can I find the claims of US 918,884, which are not listed on Google Patents?

In reference to patent US 918,884, where can I go to find the claims of this patent? Google Patents appears to have a recursive link for where to find them.
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1answer
259 views

If a patent refers to the use of a “strap”, can I use a “chain” instead and not be in violation of the patent?

A patent claim states a "strap used to suspend the motor". Can I use a chain to suspend the motor and not be in violation of the patent. I looked up the definition of a strap and from what I can tell ...
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2answers
576 views

Claims - When is it a good idea to let the Patent Examiner make one for you?

I heard you can request the examiner formulate one claim for you. When is this a good idea? If the goal of a patent is to merely document the existence of some novelty without trying to claim the ...
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1answer
131 views

Large System = “miraculous unproven device” + Subsystem1 + SubSystem2 ?= PATENT?

If a patent has been issued for a system of the sort defined in the title of this post (a larger system with one, unproven general device) am I precluded from developing a similar system in which I ...
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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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3answers
245 views

Software Patents after Alice decision

There are a lot of discussions about Software Patents in the Post-Alice environment. People suggested that it introduces great uncertainty in what could be claimed, if anything. I found a USPTO ...
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3answers
1k views

Urgent - My Patent Application received a Non-Final Rejection, Advice?

I have written a computer program which combines two patented ideas, but provides a new and much needed function, and service for that matter. Hence the big money corps stand to make from the use of ...
3
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1answer
35 views

Can claims be amended after patent contents become public?

I have filed non provisional, regular utility patents applications. I will be also filing continuation applications. Can I add or amend claims after the content is made public? Such as in a crowd ...
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1answer
827 views

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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1answer
2k views

What is the difference between a withdrawn claim and a cancelled claim?

In an amendment to the claims, you can mark them (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered). What is the difference between Withdrawn ...
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2answers
250 views

Do I need to define 'IOT sensors' when using the term in claims?

Can one expect the patent examiner to know that an 'IOT sensor' is a sensor that communicates to a computer that is networked into a LAN or WWAN?
3
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1answer
33 views

When the examiner's rejection is based on “one of” language, does this necessarily mean the statement can only be allowed by changing to plural?

The example is a statement such as ...a transmission function of at least one of: a communications subsystem of the device, or program application installed on the device, capable of ...
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1answer
825 views

How to check the novelty in a patent?

When I read some patents, I often don't understand their novelty, especially with CIP and CP applications. Is it by checking backward citations and compare with present claims?
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2answers
89 views

Avoid infringement by replacing a specific component

Suppose the Claim 1 of a patent is as follows: An assembly comprising: ...; a threaded nut positioned at least partially within the housing such that the nut is fixed against rotation ...
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3answers
285 views

Does a product infringe on a patent if it requires the use of the patented product to function?

Background: Let's look at a simplified example. Patent Claim #1: "A system for 'some function X' comprising: a sending device... a receiving device..." Question: If a new product provides the ...
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2answers
307 views

role of “processor” in software method claims

I am wondering if I should explicitly refer to processor in software method claims, like "...comprising executing on a processor the steps of..." or it is enough to say "computer-implemented method" ...
3
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3answers
289 views

Finding prior art rejects an independent claim

Suppose I find a patent (A1) with claims 1, 2 and 3. Claim 2 is dependent from claim 1. If I find a prior reference that rejects claim 1. What happens with claim 2? Is still valid? Should they ...
3
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2answers
5k views

Claims: When to use “wherein”? Should I always use “further comprising”?

I'm under the impression that being too specific is a bad idea in dependent claims. But is there a case when I really have to be, and therefore cannot use "further comprising" but rather I must use "...
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3answers
110 views

Do consistently disparaged embodiments lack claim support?

Disparaging the prior art/alternative embodiments, especially in combination with a limited characterization of the disclosed embodiments (e.g. only describe embodiments without the disparaged ...
3
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1answer
37 views

Advantages of Designing Sub-Patents based on an initial wide-ranging Patent owned by the same inventor?

As a general rule of thumb, what would be the main approach/advantages to designing a series of secondary patents, all based on a broad initial patent, but which are themselves more specific to ...
3
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1answer
45 views

Can terms and conditions trump patent awards?

I am about to apply for a patent with regard to a specific type of interaction between website users. My website has been developed to allow Facebook logins for users (but not implemented yet), but I ...
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3answers
386 views

Understanding divided infringement in method claims

This question might be too detailed for this site, but I will give it a shot... This question relates to divided infringement and when a method claim will have multiple actors. Consider the ...
3
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1answer
342 views

Claims with reference to single dependent claims

I understand that one cannot claim with reference to a multiple dependent claims as set forth in MPEP 608.01(n) Dependent Claims[R-11.2013]. However, can one have claims with reference to a single ...
3
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2answers
468 views

Would I be violating the patent if I produced a similar product with completely different methods and had different intentions for product?

In reference to the patent: US7123424 I would like to make a similar product, but I do not know if I am violating their patent. It is very broad and obviously trying to protect it from being ...
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1answer
1k views

How do I verify that a patent pending claim is real?

Someone created an application that does something resembling an application I'm working on. He claims that his application has a pending patent, but does not mention the patent application number. ...
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1answer
40 views

Is there a clear advantage of filing a Continuation application with new claims vs. heavy revisions of original claims?

(Clarifying with more detail): With the original application in prosecution with multiple rejections to be resolved, is there an advantage of filing a Continuation application with the same specs but ...
3
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1answer
46 views

Utility patent prohibiting against certain content

Suppose a claim in a patent reads: A method of custom quotation for manufacture of a part, the method comprising: ... using a processing device automatically generating a ...
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2answers
102 views

Could I be sued by this side project because of Patent US5732138?

There used to be a website, lavarand.com that would generate random numbers via a camera aimed at a lava lamp. This idea was patented with US5732138, but the website has since been shut down. I think ...
3
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1answer
39 views

US 2013/0206605 A1 too broad, little novelty

To include production of hydrocarbons in title of this application is over-reaching. Where is the disclosure to support its inclusion? Shouldn't there be a way to sanction those who pollute the ...
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2answers
65 views

Are such broad claims as in US 2014/0019309 potentially granted?

In reference to the patent: US 2014/0019309. Claim 5. The method of providing individuals a first means to shop and purchase items. Is it possible to patent such a broad claim in 2012?
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1answer
29 views

Patent specification

In reference to the patent: US 2,738,257 Has the patent been granted for the complete method or for the compound mixture?