Questions tagged [scope]

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14 votes
1 answer
3k views

Can a very basic shape of a product be patented?

There have been recent patent fights (such as Apple v. Samsung) that seem to claim certain basic physical forms of devices, such as a smartphone, can be patented. Aren't there a limited number of ...
  • 751
4 votes
1 answer
56 views

Full Scope Non-Obviousness?

"Full scope" enablement -- i.e. that the entire scope of the claim is enabled under 35 USC 112 -- has been identified as a requirement in case law. See here. Also from MPEP 2164.08: The Federal ...
3 votes
2 answers
171 views

Sufficiency of disclosure (enablement, written desc) for genus claims?

It is generally stated in that one must both show ownership of and give the public the invention in order to get the monopoly rights of a claim (e.g. 112 in US, Art. 83 EPO). However, for purposes of ...
3 votes
2 answers
102 views

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 ...
  • 143
3 votes
1 answer
1k views

What is the scope of US D680,805 "Wide mouth flask"?

In reference to the design patent: US D680,805 "Wide mouth flask". So any flask or bottles like these can't have this type of cap?
2 votes
1 answer
74 views

Scope of a worldwide grant?

Wondering what the scope of a worldwide grant / transfer of all IP, either via an employment contract or explicit transfer is? I ask as a number of countries are not members of the WIPO, others have ...
  • 323
1 vote
2 answers
137 views

Patents on construction kits in germany

Can patents restrict the noncommercial distribution of schematics and contstruction kits in germany? Example: A company is patent holder for a blinking LED. A student puts schematics and partlists ...
1 vote
4 answers
98 views

Is the goal of a patent claim to have as few elements as possible?

Let's suppose that a patent claim consists of 3 elements, A, B, and C. It is only infringement if someone creates a product that contains at least 3 of those elements. Hence, would it not beehive the ...
1 vote
1 answer
69 views

What are they patenting on this product

In reference to the patent: WO2017024291A3
  • 11
1 vote
2 answers
151 views

Can a similar product be made?

In reference to the design patent: USD 666,896 S1 Can a similar product be made without violating this patent? What exactly is patented? The loops? The look?
1 vote
1 answer
115 views

What is the scope of a particular design patent?

My experience with design patents is fairly limited. I generally have a good idea what the scope of the claim is and know that dashed lines are not part of the claim. That being said, I have very ...
1 vote
2 answers
357 views

What is protected under this patent?

What exactly is protected under patent application US 2013/0001878 A1 (US 8,770,586 B2). I have built a similar product but it's fill mechanism is automatic in nature.
  • 11
0 votes
1 answer
43 views

Claiming of all patentable material in patent

My patent may have several types of new inventions within it. If I get a patent on my one invention do I have some type of patent rights over those other novel features in the invention or do I ...
  • 41
0 votes
1 answer
45 views

What is the patent specifically protecting on this product?

In reference to the patent: US D675,875 S1 What exactly is the patent on this product?
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