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Questions tagged [embodiments]

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relationship between claims and embodiments

When drafting a utility patent applications, which component is decided first, the claims (scope) or the embodiments? Does the claims come first and then the inventor furnish as much embodiments as ...
Bear Bile Farming is Torture's user avatar
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Embodiment with optional feature vs two separate embodiments?

Suppose I've invented a hoverboard (Claim 1) and furthermore it can optionally have wheels that can be lowered for effect (Claim 2 reciting the machine of Claim 1 further comprising the wheels). One ...
bhuff36's user avatar
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Patenting a feature of a larger invention where that feature is listed in the embodiments of a prior patent

A competitor patent has a certain implementation which is listed as an alternative embodiment in the detailed specification, although it is not covered in the claims. My own invention comprises ...
Joebevo's user avatar
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What is the point of multiple embodiments that are not covered by the claims?

If the protection for a patent is defined by the claims, what is the point of listing multiple embodiments in the specification that are not mentioned in the claims? Is there any advantage of doing ...
Joebevo's user avatar
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How to cover multiple modes of a power supply?

Many possible power supplies exist: As a real example, a non-novel part of a disclosure (e.g. powering the microprocessor or general-purpose computer) may derive power from a battery (all kinds, one ...
Drakes's user avatar
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What does the term "embodiment" mean in the software patent?

What does the term "embodiment" mean in the software patent? I often see this term embodiment in the patent documents (i.e. 1st embodiment, 2nd embodiment). Dictionary meaning of the term ...
Sazzad Hissain Khan's user avatar
1 vote
1 answer
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Two alternative element in one independent claim

Can I use two alternative element without broder statement without covers both? (In one independent claim) (In EPO application) In example, X comprising (A or B) and C (it is an independent apparatus ...
ASA's user avatar
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Can alternative embodiments well known to skilled persons but not described in my description be protected by my broad claim?

I missed from the description some alternative embodiments, particularly some different structures/versions/variations. The claim is broad and it is not limited to the embodiments of the description ...
PCT-user's user avatar
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‘Preferred embodiment’ containing salient details

When a patent talks about a ‘preferred embodiment’ but goes onto to describe other particular details of a product am I right in thinking that none of those additional details are protected? The ...
Jonny Segway's user avatar
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1 answer
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Reciting claims for elements whose function can be achieved by multiple different mechanisms

I need to hear some of your strategies adopted to deal with a common situation as described in the title of this thread. As we know, an invention has multiple elements each providing its own function ...
user5727's user avatar
2 votes
2 answers
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What does "in a further preferred embodiment" refer to in a patent?

I'm reading through a patent and in the section titled "Detailed Description of Preferred Embodiment" there are several paragraphs that begin with: In a further preferred embodiment of the ...
ptk's user avatar
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Risks of "kitchen sink" disclosures?

It is common practice when writing specifications to disclose a broad range of possible embodiments "just to be safe", and without much thought to how such embodiments might be realized in ...
user132162's user avatar
3 votes
2 answers
224 views

Why not refer to the invention as the invention?

A passage from the NOLO's "Patent Pending in 24 hours" 6th ed. pp 124 indicates Be sure to include a disclaimer to introduce your advantages section as we have done above and if possible, avoid ...
gatorback's user avatar
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"embodiment" vs. "invention"

Why does "embodiment" seem now to be so favored by patent attorneys over the term "invention"? CONTEXT: On a recent provisional, I had an experienced attorney consulting pro bono and the first thing ...
DukeZhou's user avatar
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1 answer
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Extracting a detail from specifications of one patent application to create a new patent application

In the course of developing specifications for one patent application, one of the subordinate details envisioned and described among alternate embodiments seems to have potential to be split off into ...
Charles's user avatar
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1 answer
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When are "new embodiments" new embodiments and when are new inventions?

Say for instance you have filed a provisional specification covering a first embodiment 1. You then start preparing for the subsequent non-provisional utility patent specification. During the drafting ...
Deon P Hugo's user avatar
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1 answer
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Is there a requirement to explicitly call out a preferred embodiment?

In a patent application, is it acceptable to mention several potential embodiments, and say you don't know which one is preferred? Or should you just mention the one that you have implemented?
Deon P Hugo's user avatar
3 votes
3 answers
1k views

Can a patent have more than one, multiple preferred embodiments?

Can a patent have more than one multiple preferred embodiments? Where is this discussed in MPEP?
Deon P Hugo's user avatar