Questions tagged [specification]

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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 ...
mherzl's user avatar
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"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 ...
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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,...
Drakes's user avatar
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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 ...
Pro Se Hole's user avatar
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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 ...
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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 ...
PrivateUser's user avatar
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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 ...
Jen Born's user avatar
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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 ...
gatorback's user avatar
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2 answers
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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
1 vote
1 answer
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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 ...
SPF's user avatar
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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. ...
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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 ...
Charles's user avatar
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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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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 ...
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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,...
Charlie D's user avatar
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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 ...
Maciej Trybiło's user avatar
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 ...
Luke Lisle's user avatar
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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 ...
Jim Haugen's user avatar
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2 answers
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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 ...
Deon P Hugo's user avatar
3 votes
0 answers
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'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 ...
saxena's user avatar
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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?
Jros's user avatar
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1 answer
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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 ...
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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 ...
user avatar
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 ...
Evgeni Sergeev's user avatar
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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?
Curt Gridley's user avatar
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1 answer
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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 ...
Wascally Wabbit's user avatar
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2 answers
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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 ...
David Josephson's user avatar
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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: ...
nilanjan's user avatar
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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 ...
Upinventor's user avatar
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 ...
SirCut's user avatar
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5 votes
2 answers
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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 ...
martinako's user avatar
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3 votes
2 answers
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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 ...
martinako's user avatar
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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 ...
dsplatonov's user avatar