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 is a CRM (Computer Readable Medium) claim?

(ref: this question, George White's answer) I'm writing a software patent that includes a system and a method claim. I've heard of something called a CRM (Computer Readable Medium) claim, but am ...
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Claims: When to use “wherein”? Should I always use “further comprising”?

I'm under the impression that being too specific is a bad idea in dependent claims. But is there a case when I really have to be, and therefore cannot use "further comprising" but rather I must use "...
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How to word either A or B?

If I'm wording a claim for my cool device and I want to express that either option A (squarish flange type 1) or option B (roundish flange type 2) can be attached to my design, or any other type, how ...
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Where to learn how to formulate claims

I'm interested in learning about how to formulate claims. Can people suggest books? Preferably with examples related to questions within the chemical sciences and for the european area.
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1answer
5k views

Software Patents: Claiming as a METHOD vs as a SYSTEM?

Software patents could be described in claims as methods or as systems. One cannot claim damages for infringement of METHODS until the method is used (e.g. when the software is run). But, one can ...
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1answer
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How do I make amendments to claims?

I have filed an Utility patent with USPTO. A few days ago, I received a letter from an USPTO examiner stating that all my claims were rejected and that the action is non-final. She has given me 3 ...
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1answer
420 views

Has a prototype been built to demonstrate the claims made by WO 2001053721 A1? [closed]

The publication number of the patent in question is WO2001053721 A1. Simply put, has a thruster been built and do the claims in the patent represent reality?
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1answer
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Claim with three elements - are products infringing if they contain ANY of the elements or do they need to contain ALL of the elements in the claim?

Is claim 1 a claim to a floor module that contains all three of the subsequent aspects? Or is this patent claiming a module that includes at least one of these aspects? The aspects that I refer to are:...
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1answer
186 views

Which patent claims did George Selden believe Henry Ford violated?

I'm trying to find information for a report analyzing the Ford Vs. Selden case at the turn of the 20th century. I can find a lot of brief case summaries, but I cannot find anything that specifies what ...
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81 views

US 4396600 Adult schistosome worm-derived antigenic substance and method of obtaining same

I would like to know how is the status of patent number US 4396600? I read that this patent was reexamined in 1986 and I wonder why this patent was canceled since I didn't see any justification ...
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1answer
268 views

Detailed description of a system to suit system and method claims

I'm writing the detailed description of a computer implemented system. I have explained what the system does, that's where the inventive subject matter is. I have explained an exemplary architecture ...
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What constitues/definition of an inventor. Does it simply boil down to claims in a patent?

I have had a business partner for twenty years. We came together in my Business that he used as the birth of the IP in question. Listing himself on publications founder/owner with the exclusion of not ...
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Apple designs were not the first. So why grant them patents?

Why did the USPTO (US Patent and Trademark Office), grant Apple the "Wedge" design when in fact it was first created by Sony's X505 product? Clearly this Sony X505 laptop with its wedge design dates ...
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Can I preclude the exercise of another patentee's system patent by defining a (PRACTICALLY necessary) improvement to an element of that system

A patent exists for a broad system of interacting large, and independently complex, elements. However, at least one of the complex elements is described/claimed in the patent in a very cursory and ...
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1answer
133 views

Large System = “miraculous unproven device” + Subsystem1 + SubSystem2 ?= PATENT?

If a patent has been issued for a system of the sort defined in the title of this post (a larger system with one, unproven general device) am I precluded from developing a similar system in which I ...
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875 views

Can I include a “method and apparatus claim” for a patent filed in the UK?

Can I include a "method and apparatus claim" for a patent filed in the UK? I'm developing a system that uses augmented reality in novel ways. All the patent prior art that I can find involves method ...
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1answer
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Using multiple dependent claims of multiple dependent claims of multiple dependent claims

I'm filing a patent application in the UK covering 10 or so linked inventions spanning various industries. I plan to use multiple dependent claims to link the various inventions. I believe the number ...
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What is a continuation patent?

I understand that a continuation patent builds upon an existing patent (or application) by the same inventor. However, I find some aspects to be murky and prone to misuse. Specific questions follow: ...
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Does prior art need to cover all claims in a patent application in order to invalidate it?

If there are several Claims in a patent application, can prior art for one of them invalidate the entire patent application since all the other claims are dependent claims? Or does that just mean the ...

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