Questions tagged [claims]

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

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Is no one ever allowed to use a simplex grid in procedural generation until the Simplex Noise patent expires?

I'm having a hard time interpreting the claims found in Ken Perlin's patent for simplex noise. It seems that if I do not use the same method of hashing indicies that he used, I'm not violating claim ...
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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 ...
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Can I patent in spite of this existing patent with very broad description?

I want to patent my product which does something based on your proximity to it, using your smartphone's GPS. I'm searching for existing patents, and I found this one which is about an LED light, ...
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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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1answer
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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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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. ...
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1answer
314 views

Is it best to make independent claims very broad and depended claims very narrow?

Would this counter balance the patent well? So people know exactly what my invention is but but are very limited in work around cause my independent claim is so broad and hard to work around. Its Very ...
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1answer
90 views

Should patent claims be narrow yet vague?

I'm learning about drafting a patent. I was told you should walk a line between broad and narrow. You want the claims to cover many things but not so many that they infringe prior art. So I was told ...
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134 views

What is the proper structure for a claim statement involving “a plurality”?

To state that something is but one among a field of many possibilities, which of these is the better way to structure it?: “...executing transmission of the digital content to at least one of a ...
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2answers
686 views

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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56 views

Guidelines or advice about establishing limits on independent claims

It's my novice patent-drafter understanding that independent claims (especially the first one) should be as broad as possible without being so broad that as to easily negated by prior art of any kind –...
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Claims statements repeated in different categories such as “a method for,” “a system for,” etc

Referring specifically to a computing device interface invention: when a substantially similar set of claim statements is being repeated under categories of "a method for," "a system for," "a computer ...
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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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1answer
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Can seemingly unrelated claims be grouped together if they're part of the same broader invention?

Suppose I'm filing a patent about a new web based utility. Can various aspects of it, such as presentation, database setup, processing method, etc. be grouped together as individual claims in the ...
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1answer
218 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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Can a claim be rejected if it lacks a clause that Prior Art includes?

Prior Art: A system which detects X and makes an alarm Claim: A system which detects X
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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 ...
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1answer
44 views

Software invention with multiple aspects and method

In a software invention, if you describe two or more aspects of the invention. Are those aspects referred to as methods or they are defined as the method of the invention which cannot be divided. ...
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280 views

Inventive step and how to express multiple solutions to a problem

If an inventive step solves several problems outlined in the background, should you list each problem as an "object of the invention" separately and if so, do you need to address each solution ...
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1answer
106 views

Where can I find the graphics for patent CA2311951C?

In reference to the patent: CA2311951C “Ice skate blade” I cannot see an image and cannot follow the claims without an image. Where can I find the referenced image(s)?
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376 views

Patent with Multiple Claims

Suppose a granted patent has four claims A,B,C and D. Can someone do what the patent teaches using only A,B and C only without infringing the issued patent? Ashok Mathur
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440 views

Two aspects of the same invention and one aspect is not unique

Ok, so suppose I have an iOS patentable application. The app consists of two components let us name them Com1 and Com2. Com1 is simply a normal means of input that takes input from the user of the app ...
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2answers
636 views

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 ...
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93 views

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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3answers
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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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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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1answer
124 views

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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3answers
125 views

To patent a technology on a smart device and a yet to be made apparatus

I am reading on some patents and I want to make sure I understand them right. Let us follow my example which is a custom vibrator. I have no plans on making a patent over it, I am just using it as an ...
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242 views

patent conjunctions

English grammar – states that [a]n article of a preposition applying to all the members of the series must either be used only before the first term or else be repeated before each term. 1) Is ...
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1answer
549 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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1answer
420 views

Has a prototype been built to demonstrate the claims made by WO 2001053721 A1? [closed]

The publication number of the patent in question is WO2001053721 A1. Simply put, has a thruster been built and do the claims in the patent represent reality?
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1answer
255 views

How to write claim with only novel elements of my invention

Hi, I have a prior art invention - invention A; My invention - "invention B" has most claims common to that of Invention A. But while structuring the claim, and speaking from perspective of ...
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3answers
308 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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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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Patent Troll Alert PCT/US2016/031871

In reference to the patent: WO2016186925A1 CLAIMS We claim: 1. A method of performing upscaling, the method comprising: parsing an input video; breaking the input video into individual frames; ...
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255 views

Has this patent been approved?

In reference to the patent: US20020043764 Has this patent application been reviewed and registered? I cannot find that information. The assignee is stating it has been, but I have yet to see it.
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74 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 ...
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1answer
108 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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1answer
73 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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293 views

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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1answer
138 views

Independent claim construction - “Missing” keywords

I have been given the task of checking the most recent patents of our competitors for infringement. I must say I am not a specialist in patents but I mostly enjoy the learning experience. One of our ...
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1answer
124 views

Claims interpretation for US7174229

In reference to the patent: US7174229 What is a simple-terms explanation of the claims from this patent? The first claim (from Google Patents) is: Apparatus for generating a delayed output ...
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1answer
144 views

Multiple Inventions as Independent Claims

This may be a dumb question, but I cannot find the answer anywhere, so here it goes: Can I file multiple different and unrelated inventions as independent claims in one application? For example, let'...
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1answer
65 views

What is a method, what is a system, and what are the differences?

Very strange but I have researched this all over the web and so far have found no answer to this question. I even asked the law firm that is writing my patent application and they have hedged on the ...
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1answer
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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 ...
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1answer
53 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 ...
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2answers
93 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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2answers
125 views

Starting a company using this patent

In reference to the patent: WO2003023674A1 The mobile application that I am working on uses QR codes to store personal credit card information, and I'd like to know whether this would make me unable ...
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1answer
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Sweeping claims, patentability

I have an invention let's say a tea pot. I saw a patent with sweeping claims about tea pots. This specific patent is a tea pot that needs a lid to boil and I came up with a tea pot that doesn't need ...