Questions tagged [claims]
Related to claims definition, interpretation, technical terms, the extent, scope, of the protection conferred to a patent
327
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How can I write the four configuration of a system in the claims of a patent?
I want to patent four configurations with the same operating principles.
Should I write four independent claims to describe the four systems, and four independent claims to describe the operation ...
- 25
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3
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98
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What are the rules regarding the applicant being his own lexicographer?
According to the patent law, " applicant may use terms in a manner contrary to or inconsistent with one or more of their ordinary meanings if the written description clearly redefines the terms.&...
- 103
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2
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61
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Without access to patent attorney, Is it better to write all claims myself or to write a single, broad claim and add them later on?
I don't have access to patent attorney or professional patent drafter and I need to file an application. After that I plan to publish the invention and, if there will be some interest from any ...
- 103
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1
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35
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Will describing by way of a specific example in detailed description of invention support claims that are not so specific?
I am writing a patent description for a patent application. It's a blockchain protocol. When writing it, I found it easier to describe each of the steps the protocol does using an exemplary scenario. ...
- 103
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1
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28
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How to add more detail to an element in a dependent claim?
I have a method of monitoring computers. In my independent claim I say a network-connected device. However in my dependent claim I specifically want to say that it is an application server. Is there a ...
- 117
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31
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Can you use having as a gerund in a method claim?
A method of cleaning a swimming pools comprising;
Having a pool vacuum with a laser range finder attached;
Aiming the laser range finder...
Is it okay to use "Having" to introduce an element like ...
- 117
0
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1
answer
62
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How do you reference a method claim from a device claim?
My method claim is what my invention actually does.
But my device claim is the thing that I actually want to sell.
How do I reference the method claim in my device claim? Something like this?
An ...
- 117
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3
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47
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Where in your patent application can you make an argument that you're invention is non-obvious?
I'm a guy in a garage inventor. This is my first time trying to get a patent. I've got a provisional patent and I've done a fairly extensive patent search and I've done some research on how to to fill ...
- 117
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2
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73
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Do 2 patents with single claim have the same legal protection as 1 patent with 2 independent claims?
I am wondering whether legally a single patent with Claim A and Claim B allows the same legal protection for the content presented in Claim A and Claim B as two single patents containing in Patent 1 ...
- 11
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1
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50
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How to distinguish "use" claims from "product" claims?
I understand that a claim like:
A compound as claimed in claim 1 for use as a medicine.
is a "use" claim (compound used as medicine) as further explained here.
Now I ask myself, is a claim like:
A ...
0
votes
1
answer
48
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Is it possible to proceed with patent application when prior art is found for 1, but not all, of the indipendent claims?
Suppose we have an EU or US patent with 3 claims. The examiner rejects one of the indipendent claims because of prior art.
Ist it still possible to process with the patent application by giving up the ...
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2
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74
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Changing aspect/step of system/method of patent claim to avoid infringing upon patent
I recently asked some questions relating to the scope of claims in utility (specifically, technology) patents. The user "George White" then answered the following in response to question 2:
To ...
- 145
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1
answer
26
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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 ...
- 145
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1
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34
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Does patent for an apparatus cover the individual sub-components as well?
My invention is a replacement part for an existing device, that results in novel functionality. My patent will claim:
Existing device (A) + my novel component (B) = A novel apparatus (c)
Will a ...
- 3
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1
answer
86
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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 ...
- 117
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2
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107
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Prior art on US2020012817 & US2020042837
I'm working on a startup, and I believe I've found two infringing patents about removing text from shareable content using OCR and machine learning. These patents are US2020012817 & US2020042837 ...
prior-art-request
1
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1
answer
33
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Filing a continuation to result infringement
Given the following scenario:
A patent issued to me is a prior art to patent filed by another company – I have the priority date. I can easily invalidate their patent but it does not mean that uses of ...
- 171
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0
answers
41
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Difference between an independent claim and a dependent claim for same thing
Is there a difference in patentability, scope, or protection from infringement between the two cases of claims below?
case 1
I claim:
1 A piece;
a hole in said piece.
case 2
I claim:
1 A piece.
...
- 1
0
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0
answers
41
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at least one there, some perhaps here within there, this way and that way
Examples I have seen seem to follow the "at least one X" language with a first X, second X type language. However, My X is an indicium delineating an angle, such as 45° or 15°, with a special stated ...
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1
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79
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The singular and plural has been a major issue for me as a pro se first-timer
Nothing I have seen sounds right for my little invention, so I wonder what I'm missing. The invention needs at least one X somewhere on at least the first side of Y for the minimum invention to work. ...
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1
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53
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In non-final office action, how to handle previously withdrawn claims?
Assume in a response to examiner's restriction requirement, an applicant elected Claim 1 and withdrew Claim 2 without traverse.
Then in the following non-final office action, what should the ...
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2
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66
views
How does "A system comprising" claim works when multiple parties involved?
I just Googled the definition for the word system.
Google says,
a set of things working together as parts of a mechanism or an
interconnecting network; a complex whole.
So the phrase "A system ...
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0
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1
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49
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How patent claims are examined by an examiner?
I would like understand how a patent application get examined.
Let's say, I have 1 independent claim and 99 level 1 dependent claims.
Does that mean, the examiner search for prior art for all 99 ...
- 373
0
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1
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28
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Does the phrase "at least in part" cover "exact match" too?
wherein string A at least in part match with string B
Is the phrase "at least in part" here valid when both string A and String B has the exact same value?
Also is that phrase bi-directional?
- 373
0
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1
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28
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Where to place the "; and" in the limitation?
It seems like patent claims requires the keyword "; and" before the last limitation.
I'm not sure what is considered as last limitation here.
Claim 1:
A method comprising:
cutting ... ;
copying .....
- 373
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3
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99
views
What is the role of preamble in patent claims?
A claim reads like this.
An apparatus for feeding humans, the apparatus comprising:
item A;
item B;
item C.
Another claim reads like this.
An apparatus for feeding aliens, the apparatus comprising:...
- 373
0
votes
1
answer
31
views
How to protect the value rather than functionality?
I have a situation where I need to protect the "value" which can be used in multiple steps.
The value may be same for all steps, but sometimes it can different. I want to protect the value ...
- 373
1
vote
1
answer
34
views
Can one use inconsistent terms in the claims?
My speciation contains terms like this.
The term "Service" means ....
The term "Service Administrator" means ....
I have already filed my application. At the moment I'm amending my claims. I think I ...
- 373
1
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1
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24
views
Can the preamble be same for all independent claims?
Let's say my patent has 5 independent method claims.
Can all these claims have the same preamble?
e.g. A method for doing X, the method comprising:
- 373
1
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1
answer
41
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Co-inventorship when claims based on the contributing inventor's concepts are dropped during prosecution
First, an explanation of the overall context is needed: A CIP has been filed by a sole inventor (me). After filing, it was decided that another individual probably should have been credited as a co-...
- 633
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1
answer
46
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Legal implications of description vs claims
A theorethical patent situation:
Claims include:
1. A machine comprising device type A and device type B arranged to achieve X.
2. A machine according to claim 1 in which device type A is an M.
3. ...
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1
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27
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Can a really broad claim like 'the top is made of plastic' cause an infringement?
I came up with an idea for which a device has already been patented which has some of these really broad claims. My design would be very different from the design in the patent, but at the end they ...
1
vote
2
answers
223
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System claim with method steps included by reference
The following claim was rejected by the USPTO examiner for mixing system and method:
An online computer system comprising a
processor configured to perform the steps of
the method of claim 16.
As ...
- 225
0
votes
2
answers
297
views
Computer readable medium claim rejected by USPTO examiner
The following claim was rejected by the USPTO examiner for two reasons:
For mixing a product and a method.
The examiner also stated that the preamble says that this is an independent claim which ...
- 225
0
votes
1
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39
views
can claims of another patent overlap with product?
I'd like to point out I have zero experience with patents. I am a student engineer who is looking to develop a product. A company has already filed a patent for a very similar product. In claim 1 ...
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3
answers
213
views
Is the phrase "none or more" acceptable in a USPTO patent claim?
The Examiner has objected to three of the claims in a patent application I have filed, due to the presence of the phrase "none or more" and requires it to be corrected to "one or more".
The claim is ...
0
votes
3
answers
68
views
Is it possible for patents to have trade secrets?
Is it possible to omit miscellanous or detailed mechanisms which directly depend on the main mechanism of an invention from a patent. e.g. say A is the main mechanism for an invention, B mechanism ...
- 113
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1
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48
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If a product doesnt meet one claim of a patent, would it get patent infringement notice?
If there is a patent for a product that has 16 claims and I sell a similar product and my product falls under 15 claims of the patented product but not the 16th claim then is it sellable? Or would I ...
- 23
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2
answers
268
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Claims - Tangible difference between system claims and method claims - 101 thoughts
Does a system claim which state tangible items, for example "processor configured to" help satisfy the "practical application" aspect of the new guidelines which were released in January 2019? I am ...
- 11
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1
answer
30
views
Is there any fee for amending claims before the publication in USPTO?
My USPTO non-provisional application is not published yet. It contains 1 independent claim and 19 dependant claims.
I would like to remove some dependent claims and then add some new claims. The ...
- 373
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3
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164
views
Claiming various solutions to solving the same problem
if my invention includes various solutions to solving the same problem such that all solutions are independent of each other, how should I claim such an invention?
0
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1
answer
48
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Is a claim containing two alternatives valid?
Is this claim valid or is this an example of alternative claiming of one or more species.
2. A method of claim 1 further comprising:
enforcing at least one of: application rights, application ...
- 225
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0
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46
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Non-Elected, Rejected and Objected claims, and reviving the abandoned patent
I followed my patent application after 3 years and found that it is abandoned. The abandonment report mentioned that patent has been abandoned because "No reply has been received". The final claim ...
- 101
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2
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57
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Can claim preamble contain terms not present in specification?
I would like to use the term "non pliable" in the claim preamble which does not appear in the specification. However the term "pliable" does appear in the specification but is not specifically defined....
- 225
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2
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269
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Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?
A week back, I got a very good answer regarding PCT provisional protection.
I have a related question. Is it necessary for a national application to claim priority to the PCT application to get the ...
- 373
1
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2
answers
112
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 ...
- 225
1
vote
1
answer
64
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 ...
- 225
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1
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143
views
Can a claim "wherein" clause contain past tense?
I have a claim like this.
1. A method for ....., the method comprising:
providing X for a user;
2. The method of claim 1, wherein the user was instructed to do X
The claim 2 contains the ...
- 373
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1
answer
29
views
Is this a common practice to amend a claim by striking through every word in the original claim?
Is this a common practice to amend a claim by striking through the entire text of the claim and introducing completely new text, instead canceling the claim and introducing a new claim. I mean no word ...
- 225
0
votes
2
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259
views
Nested Claim Construction (US patent practice)
How do you separate the sections of nested method claims to avoid misinterpretation.
Claim 1. A method for doing something the method comprising:
making square widget comprising:
petting the ...
- 225
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