We’re rewarding the question askers & reputations are being recalculated! Read more.

Questions tagged [claims]

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

Filter by
Sorted by
Tagged with
1
vote
1answer
117 views

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 ...
1
vote
1answer
95 views

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 ...
2
votes
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 ...
8
votes
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 ...
3
votes
1answer
40 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 ...
4
votes
1answer
85 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 ...
3
votes
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?
3
votes
1answer
357 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
votes
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?
6
votes
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 ...
2
votes
1answer
176 views

How strict are patent claims?

If there were a patent US1111111, which read: US1111111: A "thing" for doing something. The invention claimed is: A "thing". A "thing" of claim 1, which uses a "thing 2"....
2
votes
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 ...
1
vote
2answers
39 views

Reply to office action scope

If you reply to office action does the same rules apply as in normal amendments? That is: That is you may not amend beyond the scope of the original body of the specification. You may not amend ...
4
votes
1answer
99 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 ...
2
votes
1answer
130 views

Who owns the rights to plastic spoons now? (US D234017 S)

In reference to the patent: USD234017 Who owns the rights to plastic spoons now? Their patent was only to last 14 years
4
votes
1answer
82 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.
4
votes
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 ...
0
votes
2answers
250 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.
7
votes
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 ...
3
votes
1answer
159 views

An obvious prior art… mobile phone

Shouldn't an obvious prior art of this claim be any smart phone / mobile phone with video screen, speaker and a port which load images for display? What is claimed is: An electronic media ...
4
votes
1answer
875 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. ...
1
vote
3answers
636 views

I have a problem about the US Patent Examiner's requirement for the use of “a” rather than “the” in three of my claims

I am in the process of prosecuting a U.S. Patent application and have a concern regarding the way the examiner wants to change the wording of three of my claims. The examiner states that the claims ...
1
vote
2answers
836 views

What happened to dependent claims if referred independent claim rejected?

I have an independent claim in my application for software patent that could be rejected on grounds like "abstract idea". There are a few dependent claims with limitations that hopefully pass the bar. ...
1
vote
2answers
268 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 ...
1
vote
1answer
54 views

Why Large number of claims and figures are allowed and its Benefits?

In reference to the patent: US20120227389 How is it possible to apply and expect a grant with 353 claims and 545 figures? Why They are allowed? What are benefits? This person has granted patents ...
1
vote
2answers
118 views

Should I use math notation in a patent application in light of Alice decision.

I use some math notation in my software/method patent application to make the description precise. I am not claiming any mathematical operations. Could it be that just the usage of math notations ...
5
votes
2answers
110 views

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 ...
2
votes
0answers
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?
3
votes
2answers
316 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" ...
4
votes
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 ...
1
vote
1answer
107 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 ?
1
vote
2answers
82 views

What exactly is the patent on?

In reference to the patent: USD433631 Is the patent on the idea of a label that rips in the middle of the jar? Is there any way to find out more information about this patent?
1
vote
0answers
9 views

End of patent Self Cleaning condenser [duplicate]

In reference to the patent: WO2006045047A1 When does this patent stop, or comes free?
3
votes
2answers
470 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 ...
1
vote
1answer
34 views

How is this inventive over Zagon application?

In reference to the patent: US20100273821 The pharmacological effects on each of the opioid receptors is different and the potency of available opioid agents at each of these receptors and indeed ...
0
votes
3answers
2k views

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 : ...
1
vote
2answers
61 views

When someone writes about an invention in a story that is actually a 'workable' idea or it can be developed as such

What if someone has a 'workable' idea for an invention that could be developed into a real 'device' or process that solves some important problems or an idea that can be marketed ; and one actually ...
2
votes
1answer
937 views

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 ...
1
vote
2answers
134 views

New invention covered by claim of other invention

Suppose a patent application is filed, claiming a method+device that solves some problem. In the patent text it is written that the method can solve A & B, but it explicitly mentions that it ...
3
votes
3answers
291 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 ...
2
votes
2answers
114 views

Combinations of independent options creating exponentially numerous claims

I'm writing a provisional patent which has many variations. Several of the properties that make up a number of dependant claims are independent of one another. If I do one claim for every combination ...
2
votes
2answers
152 views

Best way to remove component in dependent claim

I read a guide that removing component from claim is not allowed, e.g. consider these claims: 1/ A table comprising: A screen A touch panel panel attached to the screen 2/ The table of claim 1, but ...
1
vote
2answers
91 views

Deceased father's patent

My deceased father was the inventor of the patent number US3601948 A. I want to know who is the rightful owner of this patent since he has past?
0
votes
2answers
1k views

What is the Largest Number of Claims in any Granted Patent?

In my patent searches, I have found some patents with upwards of 300 claims. This has me impressed. I'm wondering what the world record for the greatest number of claims in any patent is. Does anyone ...
0
votes
1answer
109 views

Defining broadest term for claiming

I'm considering the case in which I have an invention and the subject matter is a (computer) web server. So: the first exemplary embodiment would be based on a “web server”, but since I don't want to ...
1
vote
3answers
636 views

How to Use Patented Method Without Infringing?

I would like to use the method disclosed (via claims) in this patent for my invention http://www.google.com/patents/US8568309 . That is, I am creating a glucometer, using this inventor's method for ...
1
vote
1answer
178 views

Similar Patents, Sweeping Claims

I have an Idea/Potential Patent, but someone else has a similar patent out. Our inventions are substantially different in design. One of their claims is very very general and seems to exclude an ...
1
vote
1answer
41 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 ...
3
votes
1answer
857 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?
2
votes
1answer
193 views

Can PCT application based on US provisional patent without claim?

AFAIK, US provisional patent is valid for later use even without any claim, but I heard that some countries require patent having claims. So does PCT application accepts US provisional patent without ...