Questions tagged [claims]

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

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38 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 ...
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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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127 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
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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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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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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 ...
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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 ...
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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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627 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 ...
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798 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. ...
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262 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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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 ...
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114 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 ...
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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 ...
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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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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" ...
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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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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 ?
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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?
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End of patent Self Cleaning condenser [duplicate]

In reference to the patent: WO2006045047A1 When does this patent stop, or comes free?
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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
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 ...
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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 : ...
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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 ...
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920 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 ...
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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 ...
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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 ...
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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 ...
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146 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 ...
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88 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?
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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 ...
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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 ...
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625 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 ...
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1answer
176 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 ...
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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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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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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 ...
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1answer
211 views

Is dependent claim of another dependent claim a multiple dependent claim?

For example, claims: 1/ A table has 100 legs 2/ The table of claim 1, and having one golden leg 3/ The table of claim 2, and having one diamond leg Is claim 3 a multiple dependent claim? Because ...
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426 views

Method vs apparatus for electronics hardware, pros and cons?

AFAIK, method claim is weak against manufacturer because only end user may use it. OTOH, invention using all old hardware but only new way to use it, e.g merging different inputs from different ...
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577 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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70 views

Definitions of phrases in claims - Who get's to decide?

In patent application US 2012/0262358 of title "BEAM FORMING ANTENNA" one finds a very clever, I think very novel and useful new way to arrange vertical elements into a Yagi-Uda array. Irregardless ...
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188 views

Tips on how to get software patent application approved

What are some tips to get software patent application approved by USPO? I'm responsible for the software development at a startup, and to protect our Intellectual Property I need to submit multiple ...
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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 ...
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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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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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1k views

claim chart for patent no 7,206,756

In patent no. 7,206,756, I am unable to get what is the new thing in Joshua's method of commercial transaction over Internet as compared to prior arts. I need to prepare a claim chart for claim 1. My ...
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44 views

who is the of author of CN 101463502 B?

who is the author of the patent number CN 101463502 B## Heading ## entitled Pineapple leaf fiber biochemical degumming technique?
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59 views

Amending a claim in a reissue patent application

I introduced a claim limitation during patent prosecution to overcome prior art. I would like to partially cancel this claim limitation in a reissue patent application. Will the recapture doctrine ...
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108 views

How can I claim an element after the patent has issued?

A patent application that I filed in June 2010 was published in February 2012. It issued as a patent in October 2013. I would like to claim an element disclosed in the specification in February 2014....