Questions tagged [specification]
The specification tag has no usage guidance.
33
questions
0
votes
2
answers
17
views
In a specification, how much detail is necessary to be sufficient instructions?
I am working on writing a patent for which I am not free to disclose the details, so will only disclose a limited amount that I hope will still be sufficient to compose a useful question.
The ...
0
votes
1
answer
308
views
"In some embodiments" or "In one embodiment"?
As a follow-up to a previous question Should I use "subembodiments" or still "embodiments"?, some patents use the following spec phrase repeatedly
In one embodiment, ...
while ...
0
votes
1
answer
28
views
Should I use "subembodiments" or still "embodiments"?
Suppose I have a novel device that requires an A and a B.
I can describe variations of an A, so A1, A2, A3, and with figures. Same for the B variations.
In the detailed spec when describing variations,...
0
votes
1
answer
76
views
If I say "the at least one" in the Claim, do I have to call it that in the Summary also?
In the independent claim I say "at least one X." From then on in the claim I say "the at least one X" as I think I'm supposed to do. Do I have to also call it "the at least one X" in the summary? Or ...
1
vote
1
answer
29
views
Describing your own prior art in specs for a CIP
In a CIP application that is essentially an improvement on one's own prior art:
Should specifications review and summarize what the parent patent (or application) does (maybe state that patent's ...
0
votes
2
answers
81
views
Can a patent drawing have numbers like 6A02, 6A04 etc?
My patent specification has around 20 chapters and each chapter has multiple drawings.
My drawings are numbered like this. FIG. 1A, FIG. 1B, FIG. 2A etc. i.e. If Chapter 2 has only 2 drawings, then ...
0
votes
1
answer
17
views
How do introduction rules of an invention's elements apply when you have several embodiments?
I have several embodiments of similar devices that all do the same thing, but in slightly different ways. Many of them use some of the same elements (pieces).
So my question is this: as soon as I ...
0
votes
1
answer
27
views
Rules of thumb for sorting content into Specification vs Claim
When faced with the question: Does this content belong in the Specification or the Claim, What is:
The line of thinking?
Questions one should consider
Expectations of the USPTO examiner?
that one ...
4
votes
2
answers
158
views
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 ...
1
vote
1
answer
684
views
Substitute specification with markings - clean version
I'd like to be clear when responding to a Notice to File Corrected Application Papers. The required item is: "...The substitute specification must be submitted with markings and be accompanied by a ...
1
vote
0
answers
24
views
If I in my specifications explained enough where someone can recreate my invention but broad in claims could that pass in the uspto?
If my description has enough detail such that someone in the field could recreate it without problems, but my claims ( the part which is the real protect ) are broad to make it hard for infringers. ...
1
vote
1
answer
112
views
What is the current thinking about inclusion of a "Field of the Invention" section?
A "Field of the Invention" or "Technical Field of the Invention" section has been seen in fairly recently-granted patents, but not always. I have read advice that it's better not to include such a ...
1
vote
1
answer
37
views
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 ...
2
votes
1
answer
295
views
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 ...
0
votes
1
answer
100
views
What does it mean to 'recapture' information from a PCT application?
We have filed a US patent application for use of our tech in/on/attached to a laptop. However, we now want to adapt this filing to claim the use of this technology built-into a laptop. A subtle change,...
0
votes
1
answer
765
views
Can I copy parts of applications that are not specific to the invention?
I've noticed that patent applications go through pains to describe widely understood concepts such as what is a computer or a mobile device. For instance this patent by Apple US 20150042819 A1 devotes ...
2
votes
1
answer
103
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 ...
0
votes
1
answer
883
views
Are claims part of a specification?
I remember hearing of a case where the Court found that original claims could be considered part of the specification. Is this true, and, if so, what case is it?
This could be used to overcome a §112 ...
1
vote
2
answers
47
views
Reply to office action scope
If you reply to office action does the same rules apply as in normal amendments?
That is:
That is you may not amend beyond the scope of the original body of the specification.
You may not amend ...
3
votes
0
answers
93
views
'Technical effects' of software patents for eligibility
For patent eligibility of software patents in many countries including EU there is a requirement of 'technical effects' on the hardware device. These 'technical effects' are technological advances or ...
1
vote
2
answers
90
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?
2
votes
1
answer
525
views
Patent specification page layout
I am going to write an application and send it to WIPO, because I want patent coverage in different countries, including United States.
I would like to discover what page layout my patent ...
1
vote
1
answer
137
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 ...
1
vote
4
answers
361
views
"Undue experimentation" - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?
The majority of the patents I've looked at read to me as outlines of research projects rather than detailed descriptions of how to make something. (I am a person of ordinary skill in the art; I have a ...
0
votes
1
answer
46
views
Where are missing pages 3 and 4 for patent 101,875?
The patent 101,875 is missing pages 3 and 4. Is there any way to obtain the missing pages?
1
vote
1
answer
56
views
How to include human participants in specs?
My invention involves people using machinery (computers, cars, cell phones, etc). I have been warned on this forum against including people as elements of a claim. Are the rules for specifications as ...
0
votes
2
answers
162
views
Is clarifying some terminology in an Amendment considered "new material"?
In working with my examiner to address issues with the claims mentioned in a final rejection of my (pro se) software patent application, I changed one term in the claims from "word1 word2" to "word1 ...
0
votes
1
answer
79
views
patent has more drawings than images shown on google
Why does the google patent site show fewer drawings than listed in the patent
see this has 9 images of drawings:
http://www.google.com/patents/USD678656
while the actual patent has much more - 21:
...
4
votes
2
answers
1k
views
Can I copy texts from other applications into my application?
I'm a "micro entity" and I'm considering patenting my idea myself.
I know that the language of the patent application is very special, eg. no limiting language should be used.
In some patent ...
1
vote
3
answers
191
views
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 ...
5
votes
2
answers
2k
views
What are the risks of writing a patent specification without an attorney?
I'm working on a prototype for my invention. My situation is that I can't afford a patent attorney at the moment. So my plan is to file a specification for the invention myself, no claims yet. Then ...
3
votes
2
answers
306
views
patent specification level of detail
I'm drafting the specification of a patent for my invention. The invention is in the field of computer vision and augmented reality. I'm quite sure that the main subject mater is novel enough and ...
36
votes
7
answers
19k
views
Are text and images in the patent copyrighted?
Sometimes, during a patent research, I found patents which comprise one or more similar images and/or text paragraphs. Are text and images in the patent copyrighted? Does any 3rd party, other than ...