Questions tagged [claims]

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

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933 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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279 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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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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124 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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332 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" ...
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246 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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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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476 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
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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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958 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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135 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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292 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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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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159 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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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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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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113 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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667 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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181 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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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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951 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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200 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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234 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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453 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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613 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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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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196 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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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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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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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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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....
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226 views

How can I claim a feature that was disclosed in the specification of an issued patent?

A patent application that I filed in July 2010 was issued as a patent in August 2013. There is a feature that was disclosed in the specification and not claimed in the issued patent. How can I claim ...
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117 views

Is this typical, for a patent, to describe 'any and all combinations' of all aforementioned technologies?

Words quoted from the patent: "Although the invention has been defined using the appended claims, these claims are exemplary in that the invention may be intended to include the elements and steps ...
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How to get a patent invalidated?

Recently while I was writing up a patent, I discovered that another person has written a patent that is so badly and vaguely worded that it could be used to cover my invention. Whereas I offer clear ...
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What's the best approach to document a claim?

I'm wondering what the best way to match prior art to a claim you feel is invalid. I have found examples applicants use with the USPTO, so I would imagine using that same format to invalidate a claim ...
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163 views

Definitions in dependent claims

I need to use certain terms repeatedly in my dependent claims, but do not need the same terms in my independent claims. I could define the terms in each dependent claim, but that would be prolix. I ...
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84 views

Why is claim 2 required in this example?

In US 7,704,933 B2, claims 1 and 2 are 1. A compound of formula (II): wherein the dotted line represents a single or double bond and one R2 is a hydrogen atom and the other is a ...
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Language in claim:definition

I am writing a claim in which I want to define an object, which is similar to (yet ever so slightly different from) many other like objects. I am doing it like this:"...designating one of said ...
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153 views

How to claim interlocking elements or means

I am writing claims for a patent application for an invention that includes a person, an office, and a vehicle. The person and the office communicate; the office and the vehicle communicate; the ...
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7k views

A patent with both apparatus (i.e. system) and method?

I read a while back that one's goal should be a patent that is a method, a system and a means (I don't quite know what a means is). Is this actually a good goal? I also read that all the steps of a ...
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1answer
978 views

Forming a System Claim: Am I on the Right Track?

I'm writing a system claim, and I'd like to get some feedback on an obfuscated version of it. Please don't reserve your criticism! I'm interested in learning from the best. Why am I off base? Why am I ...