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Questions tagged [specification]

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4
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2answers
58 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 practice. ...
1
vote
1answer
198 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
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0answers
14 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. ...
2
votes
1answer
41 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
1answer
28 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
1answer
167 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
1answer
83 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
1answer
184 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 ...
1
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0answers
50 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
1answer
461 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
2answers
38 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 ...
2
votes
0answers
64 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
2answers
81 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
1answer
218 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 ...
0
votes
1answer
92 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
3answers
217 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
1answer
37 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
1answer
55 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
2answers
122 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
1answer
70 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
2answers
804 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
3answers
183 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 ...
4
votes
2answers
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
2answers
269 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 ...
31
votes
5answers
10k 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 ...