Questions tagged [claims]

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

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What does US20160034139 cover?

In reference to the patent: US20160034139 The patents link has no diagrams and hence it is very difficult to understand what this patent is all about. Can someone please explain? The first claim reads:...
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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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63 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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Request for explanation in easy words

In reference to the patent: US8463238 What does this patent claim? Could someone please explain the scope of this patent in plain English?
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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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Patent Drafting Method: Pros & cons of drafting claims and converting claims to descriptions

What are the advantages and liabilities, if any, of drafting patent claims for an invention first, and then converting the claims into a provisional patent specification with the same wording and ...
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1answer
48 views

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 ...
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1answer
85 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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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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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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521 views

How should I structure my claims and embodiments in regards to a patent for an invention to be implemented by a text editor?

In US patent law, how are claims that are dependent on an earlier claim affec the interpretation of the earlier claim. Is the prior claim's interpretation based on each dependent claim, or is the ...
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Re patent on previous work

Are patents based on previous patent allowed ? http://www.google.com.au/patents/US5895642
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115 views

Can a competitor see my unpatented product in the market and patent it before I do?

Suppose I come up with a product with some characteristics that are unique enough that it could be patented. However, I don't have enough money to file for a patent at the launch date. Can a ...
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483 views

US vs Indian Patent System differences

We may be filing for a patent in India, and while our attorneys will be doing the heavy lifting, I was just curious about what major differences there are in the patent system between there and the ...
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72 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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62 views

“Further” usage in chained claims and in non-chained claims

I have a logic block that has 3 logic circuits: a first logic circuit, a second logic circuit and a third logic circuit. When all three circuit claims are chained, I have: (..), as in claim 1, ...
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“Package delivery notification system and method” claims

This is obvious to anyone who has ever waited for a package to be delivered to their house. What does this patent actually claim, and what makes it novel from the systems we all use? In reference to ...
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225 views

Can someone explain the term “commonly owned”?

As seen in a patent application, can someone please explain to a layperson what this term means? "All claims of the present invention application are commonly owned." I am having a heck of a time ...
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1answer
123 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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123 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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If a dependent claim only limits the independent claim, then is it still infringement when a product only differs from that dependent claim?

If a dependent claim only limits the independent claim, then is it still infringement when a product only differs from that dependent claim? For example: ~~~ (Independent claim:) 1. A device for ...
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1answer
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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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1answer
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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 ...
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0answers
136 views

This is the same thing as SleekEZ that is already on the market or not?

In reference to the patent: US20150047576 From this application's claims, What is claimed is: A grooming tool comprising: a blade; a solid wooden handle; wherein said blade is contained ...
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prior art proof

I filed a provisional application in 1994 . Then i sent a full description of my invention to an eminent professor in the field of that invention in USA, soon after filing the provisional application ,...
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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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302 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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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 following ...
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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 ...
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Is something that a user does, an step of a method

Can I write a claim as: A method for detecting X comprising the steps of: Entering Z by the user, Specifying the dimensions of Y by the user ...
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1answer
112 views

Can I refer to a dependent claim, to a word that is in the claim that the dependent claim depends on?

For example: It is a system comprising X, Y, Z The system of claim 1, wherein X is W The system of claim 2, wherein Z is P connected to W In the claim 3, I need to refer to both Z (which is in the ...
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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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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 using a ...
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103 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 no one ...
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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 ...
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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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1answer
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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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1answer
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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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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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366 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 ...
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33 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?
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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
196 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"....
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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 ...
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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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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
136 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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1answer
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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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261 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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253 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.