Questions tagged [claims]

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

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Software invention with two components

So, assume I have an iOS application with two components. Let us call those C1 and C2. C1 takes input from the user and does some calculations then stores it for C2 to do more calculations and display ...
Rick James's user avatar
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Shouldn't this patent bear/state the name of the product or products (Prolon) it seeks to support/protect?

In reference to the patent: US9237761
Hélène Daigeault's user avatar
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1 answer
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How to deal with two aspects of invention in claims

So, assume I have a software invention with two aspects. Let me provide an example to simplify things. Assume I invented a client and server. The client and server both communicate with one another. ...
Rick James's user avatar
1 vote
3 answers
133 views

To patent a technology on a smart device and a yet to be made apparatus

I am reading on some patents and I want to make sure I understand them right. Let us follow my example which is a custom vibrator. I have no plans on making a patent over it, I am just using it as an ...
Lynn B.'s user avatar
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Do you have to amend claims lacking novelty or an inventive step

If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
Alexandru's user avatar
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patent conjunctions

English grammar – states that [a]n article of a preposition applying to all the members of the series must either be used only before the first term or else be repeated before each term. 1) Is ...
KSR's user avatar
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How to write claim with only novel elements of my invention

Hi, I have a prior art invention - invention A; My invention - "invention B" has most claims common to that of Invention A. But while structuring the claim, and speaking from perspective of ...
KSR's user avatar
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Patent Troll Alert PCT/US2016/031871

In reference to the patent: WO2016186925A1 CLAIMS We claim: 1. A method of performing upscaling, the method comprising: parsing an input video; breaking the input video into individual frames; ...
Brad Smith's user avatar
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4 answers
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Claim dependence on later claim

Is it allowable in US patent applications to have a claim dependent on a later claim in an amendment? For example: (previously presented) The system of claim 17 where .... .... (currently amended) ...
Craig Morris's user avatar
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1 answer
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Independent claim construction - "Missing" keywords

I have been given the task of checking the most recent patents of our competitors for infringement. I must say I am not a specialist in patents but I mostly enjoy the learning experience. One of our ...
FlatronL1917's user avatar
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Patent details changed without consent

I am the inventor of a live patent application which has been altered by the owner of the patent against my wishes. If I withdraw my name from the patent application will this stop the patent going ...
Bill Edwards's user avatar
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why is this patent not reference significant previous work?

In reference to the patent: US20130024676 The patent application (with a 2011 date) is too broad and attempts to patent the entire concept of control flow integrity. There is HUGE previous work ...
Vassilis Prevelakis's user avatar
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1 answer
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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:...
Vikram Panigrahi's user avatar
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1 answer
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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'...
m.chang's user avatar
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1 answer
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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 ...
R Gray's user avatar
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4 answers
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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?
Aniketh Jain's user avatar
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1 answer
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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 ...
Thomas Crown's user avatar
2 votes
1 answer
107 views

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 ...
Luke Lisle's user avatar
2 votes
1 answer
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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 ...
Sertan's user avatar
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4 votes
1 answer
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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, ...
feetwet's user avatar
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3 votes
1 answer
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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 ...
Kar's user avatar
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3 votes
2 answers
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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 ...
John M.'s user avatar
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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 ...
Brandon Roberts's user avatar
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Re patent on previous work

Are patents based on previous patent allowed ? http://www.google.com.au/patents/US5895642
nathan jones's user avatar
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1 answer
152 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 ...
San Diago's user avatar
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2 votes
1 answer
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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 ...
curious_cat's user avatar
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2 answers
92 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 ...
Weng Tianxiang's user avatar
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1 answer
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“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, ...
Weng Tianxiang's user avatar
2 votes
1 answer
72 views

"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 ...
Dustin Wehr's user avatar
2 votes
0 answers
281 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 ...
Joel Wigton's user avatar
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1 answer
128 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 ...
Aech Xavior's user avatar
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2 answers
125 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 ...
user15472's user avatar
2 votes
1 answer
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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 ...
M M B's user avatar
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1 answer
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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)?
Charles Roche's user avatar
4 votes
1 answer
101 views

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 ...
Nikiforos Giorgos's user avatar
2 votes
0 answers
159 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 ...
user15235's user avatar
2 votes
0 answers
96 views

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 ,...
MAGDI ABOUL ELA's user avatar
3 votes
3 answers
1k views

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 ...
dave's user avatar
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2 votes
3 answers
334 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 ...
BigMacAttack's user avatar
4 votes
3 answers
486 views

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 ...
minou's user avatar
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3 votes
2 answers
117 views

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 ...
Ehryk's user avatar
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2 votes
0 answers
35 views

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 ...
Ahmad's user avatar
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0 votes
1 answer
123 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 ...
Ahmad's user avatar
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1 vote
1 answer
53 views

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
Ahmad's user avatar
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1 vote
1 answer
156 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 using a ...
Ahmad's user avatar
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1 vote
1 answer
125 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 ...
Ahmad's user avatar
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2 votes
0 answers
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 ...
Ahmad's user avatar
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12 votes
1 answer
7k 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 ...
Ahmad's user avatar
  • 297
3 votes
1 answer
47 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 ...
Richard D. Breen's user avatar
4 votes
1 answer
93 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 ...
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