Questions tagged [specification]
The specification tag has no usage guidance.
54 questions
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anything wrong with this invention disclaimer paragraph?
Examples of additional features and/or benefits have been described as potential consequences or side effects of some embodiments of the present disclosure. For instance, implementing an embodiment of ...
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1
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32
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what's the point of saying "a person skilled in the art will so and so" in the specs?
What's the point of saying "a person skilled in the art will so and so" in the specs?
I see this quite commonly. What does it achieve?
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13
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using the same numeric reference for different objects in the spec
In paragraph one of the spec "a first user" is introduced with characteristic A.
In paragraph five of the spec "a first user" is introduced again with characteristic B.
In ...
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1
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17
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what does "In general, ..." mean in the patent specification?
If a paragraph or a sentence either starts with or has "In general, ..." in it somewhere, what does it mean?
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1
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16
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how are typos that are direct contradictions handled?
For example, if these sentences are written in the specifications:
The widget A is configurable.
The list A has four options.
But the patent drafter actually means to write:
The widget A is not ...
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1
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43
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can it hurt to use "in some embodiments" to describe a feature?
Let's suppose that a feature A is required for the invention to work. In other words, it is required for ALL embodiments.
Of course, the patent examiner will have to deduce this fact, as the document ...
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1
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29
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claiming less than what is specified
Let's suppose that the specifications thoroughly describe four components that make up the invention, A, B, C, and D.
In the specifications, it is clear that the inventor communicated that all four ...
-1
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1
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22
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Are claims not only restricted to the embodiments of the specifications?
I've heard that in some foreign countries,
if you file based on a provisional application that do not have claims,
then those countries will restrict you to only the embodiments of the specifications.
...
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0
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26
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Writing the specification to fulfill the enablement criterion when I have used an off-the-shelf module in the invention
I am writing a patent specification, and I'm a little stuck with how best to describe it.
The issue is that while experimenting with the patent subject matter (i.e. the implementation of the idea), I ...
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1
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38
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referencing an object with multiple names versus one name
In the English language, an object or a concept can have multiple names.
In the specification of a patent application, what are the pros and cons of consistently referring to an object with the same ...
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1
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31
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how much detail is needed to be given for a dating app that can take human written text and return matches from that?
ChatGPT is out.
Google has gemini.
I've already seen one failed dating app startup that takes freestyle human input, such as text, and then return a list of suggested matches to the user.
If an ...
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0
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25
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interpretation of a statement in the specifications
In one of the embodiments in the specifications, a sentence reads "The order of input of the colors is immaterial". However, immediately after this sentence the specification goes on to ...
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1
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41
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How is prophetic language handled by the examiner and the court?
In addition to describing the invention, patent applications often contain content that predicts the improvements that the invention will have when implemented and pushed out to market.
For example:
&...
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1
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20
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interpreting claims based on specifications
In the specifications, four numbers, A, B, C, and D, are central to the machine.
It is clear that:
If all four of the numbers can only ever be zeros, then the invention is obvious or not novel.
In ...
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1
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16
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what if a feature that is described as "optional" isn't really optional?
If within the specifications, a certain feature is described as "optional", but the patent examiner determines that it is required for the invention to work, what can be done at this point?
...
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1
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31
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what if a term that is in the claims is too broadly defined in the specifications?
specifications:
X can be:
1. A,
2. B,
3. C, or
4. D
The term X is referenced in the claims.
The patent examiner decided that if X is interpreted to be A or B, then it's novel and non-obvious. ...
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1
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21
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what if the patent examiner finds the specifications to be unclear?
If the patent examine cannot understand the specifications of your invention in the patent application, are you allowed to modify the specifications?
If so, what are the rules and limits to do so?
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does it hurt to specify design around embodiments that have a low chance of being allowed in your patent application?
There are a few bad design arounds for my invention that have low chances of being allowed.
Is it possible that it would hurt any way to include these embodiments in the specifications?
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46
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how is this patent for matching "intentions" or "commitment disposition" for dating apps novel or non-obvious?
https://patents.google.com/patent/US12019694B1/en?inventor=Maxim+Cheremkhin
almost all dating apps have features for users to select their "relationship goals". For example, "serious ...
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1
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27
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Torn between choosing a simple embodiment and a complex embodiment for the detailed specification
I'm in the process of writing the detailed specification for a patent draft.
I have two embodiments, where embodiment A is a simpler one and embodiment B is a more complex one. In real-life practice, ...
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2
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86
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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 ...
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2
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23
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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 ...
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747
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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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1
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49
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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,...
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135
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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 ...
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1
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29
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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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2
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104
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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 ...
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1
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20
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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 ...
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0
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1
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28
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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 ...
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4
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2
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174
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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 ...
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748
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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 ...
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0
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24
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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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133
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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 ...
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1
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38
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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 ...
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2
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1
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342
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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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1
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101
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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,...
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1
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823
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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 ...
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2
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1
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113
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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 ...
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1
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970
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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 ...
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2
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47
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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 ...
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0
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135
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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 ...
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2
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2
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91
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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?
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3
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1
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603
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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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137
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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 ...
user8305
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4
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378
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"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 ...
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46
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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?
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56
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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 ...
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2
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187
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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 ...
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1
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79
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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:
...
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2
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1k
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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 ...
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