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22 views

Question about proper antecedent basis: is it necessary to establish new antecedent basis in every dependent claim?

For example: Claim 1: A system comprising X, Y, Z. Claim 2: The system of claim 1, wherein the X is connected to a W. Claim 3: The system of claim 1, wherein the W is P connected to U. In the ...
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0answers
12 views

Can I include Abandoned Patent in CV? [on hold]

I recently came to know that one of the patent we filed in my previous organization has been abandoned. I am currently preparing my resume for PhD applications. I am confused whether to specify the ...
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1answer
33 views

no idea what you want..I asking if patent #1894556 is worth anything [duplicate]

patent #1894556 have been cleaning a favorite aunt's residence after her death. we found this tag off...is it worth anything? Thanks!
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1answer
47 views

Is a non-disclosed patent application treated as prior art for a subsequent patent

Suppose a non-provisional Patent Application-A has requested on day-0 (filing date) a non-disclosure till grant date. Now during the examination process for Patent-A a different patent ...
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1answer
22 views

Reciting claims for elements whose function can be achieved by multiple different mechanisms

I need to hear some of your strategies adopted to deal with a common situation as described in the title of this thread. As we know, an invention has multiple elements each providing its own function ...
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1answer
26 views

Continuation Patent

When a continuation patent is approved, will the parent patent still hold the rights to sue others if a product infringe the parent application and not the continuation patent
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1answer
18 views

Why does the expiry of a patent and/or SPC varies in european countries?

The patent expiry usually varies by a day or two among the EU countries. For eg. SPC of EP0914118 will expire on different days in France, UK and Germany & Spain? Why is there such a difference ...
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1answer
36 views

Micro Entity Filing Status and ownership issues when there is more than one inventor

An individual whom I paid for advice in preparation of my latest application, a CIP, has asked if I would include his name as a co-inventor. He says it is a request, not an expectation, and it's not ...
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2answers
60 views

Retaining inventorship of abandoned provisional patent of India (even if rights are foregone)

I have a provisional patent regarding an electronic device (with outline of software black boxes as software alone cannot be patented in India). It is about to expire in sometime (12 month period). ...
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3answers
48 views

Claiming various solutions to solving the same problem

if my invention includes various solutions to solving the same problem such that all solutions are independent of each other, how should I claim such an invention?
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1answer
31 views

What is Notice of Allowance at the European Patent Office (EPO)?

A key questions form a seminar is: What are the necessary steps for obtaining a Notice of Allowance at the European Patent Office (EPO)? What does the notice grant?
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1answer
16 views

help with filling up form: Petition for Extension of Time 37 CFR 1.136(a)

A simple one, but slightly confused: in the form, the 3rd row titled: "For": I am assuming this is supposed to be the title of the invention, and NOT the purpose of filing the petition. Please correct ...
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1answer
22 views

Do I have to disclose the infringement in the Information Disclosure Statement form?

Let's say, I filed my Provisional in Jan 2019. I disclosed my work to the public in Mar 2019. An infringer copied my disclosed work and released a product in Jun 2019. I'll file a non-provisional ...
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2answers
38 views

How to fix a dependent claim that is not of the same genus as the independent claim

When entering into a national phase in the US, how should claim X in the following example be amended? Claim 1: “A system for watering grass wherein (…)” Claim X: “A golf course comprising an ...
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1answer
26 views

Docketed New Case - Ready for Examination 3 time

I was twice rejected from the patent office. Now after a second amendment, I received: "Docketed New Case - Ready for Examination" What now?
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1answer
26 views

Is a Markush Group claim less strong than its components written as separate dependent claims?

I am trying to decide if adding a lot of extra claims is worthwhile; in this case it would add about 15 more over just using the Markush group, due to repeating in context of 3 different independents. ...
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1answer
48 views

can a math formula or math algorithm be patented?

can you patent an algorithm (math ) like it happened with PAGE RANK algorithm ?? isn't supposed that math is free for everyone ?
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1answer
33 views

Is a claim containing two alternatives valid?

Is this claim valid or is this an example of alternative claiming of one or more species. 2. A method of claim 1 further comprising: enforcing at least one of: application rights, application ...
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0answers
22 views

Non-Elected, Rejected and Objected claims, and reviving the abandoned patent

I followed my patent application after 3 years and found that it is abandoned. The abandonment report mentioned that patent has been abandoned because "No reply has been received". The final claim ...
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1answer
20 views

How fees are calculated for new claims that replace cancelled claims?

If during response to an office action I cancel a claim and then introduce a new claim in its place then: Do I have to pay a fee for the new claim or is it covered under a previously paid fees, ...
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2answers
43 views

Can claim preamble contain terms not present in specification?

I would like to use the term "non pliable" in the claim preamble which does not appear in the specification. However the term "pliable" does appear in the specification but is not specifically defined....
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2answers
40 views

Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

A week back, I got a very good answer regarding PCT provisional protection. I have a related question. Is it necessary for a national application to claim priority to the PCT application to get the ...
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2answers
35 views

Way to Claim a theoretical model of how a device works for under $200

I have recently come up with a very interesting concept in engineering that I would also like to share with peers. However, I am relatively fearful that someone may hear the idea and make it or patent ...
2
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1answer
35 views

Any startup service that streamlines the patent process?

My question is not technical and possibly some people here will think it's not an appropriate question. But I thought that this community is possibly the only place where it has a chance of being ...
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2answers
39 views

How to delimit the last element in a list of means?

The claim 2 has a list of means that apply to "the object" but it may be misconstrued that the last element in the list is not "intercepting" but rather "intercepting the object" in which case the ...
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1answer
31 views

How to separate method from machine in a claim?

Is the claim 2 mixing method and machine and if it is how would you rewrite it to avoid it? 1. A method for doing things comprising: step 1; step 2. 2. The method of claim 1, wherein at least one ...
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1answer
20 views

Can a claim “wherein” clause contain past tense?

I have a claim like this. 1. A method for ....., the method comprising: providing X for a user; 2. The method of claim 1, wherein the user was instructed to do X The claim 2 contains the ...
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1answer
17 views

Revision of an application after submission, when responding to a deadline to maintain family continuity

I have a fast-approaching deadline to make payment on an NOA application (a CON on original granted patent), in order to get it granted. I also want to keep open the chance to extend the family by ...
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1answer
17 views

Is this a common practice to amend a claim by striking through every word in the original claim?

Is this a common practice to amend a claim by striking through the entire text of the claim and introducing completely new text, instead canceling the claim and introducing a new claim. I mean no word ...
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1answer
17 views

Is my patent expiring because of no payment?

Is a payment due on this patent? 7878576. If so, how do I pay?
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2answers
24 views

Nested Claim Construction (US patent practice)

How do you separate the sections of nested method claims to avoid misinterpretation. Claim 1. A method for doing something the method comprising: making square widget comprising: petting the ...
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1answer
27 views

Can one claim priority from a PCT application after filing non-provisional?

Let's say, I filed a USPTO provisional in Jan 2019. I filed a USPTO non-provisional in Jun 2019 by claiming priority to the provisional. I'll file a PCT application in Dec 2019 by claiming ...
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3answers
71 views

How to protect my idea/prototype at little or no cost?

I have an idea for a medical device that has been called "phenomenal" , "solid idea" etc...from medical professional friends of mine. Now I don't want companies in China to copy my idea...! Problem ...
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1answer
38 views

Can an inventive step included in the “wherein” clause?

I have a process that performs the same steps as prior art. However my "wherein" part is completely unique. Will it be considered as a valid independent claim?
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1answer
88 views

What can we do if a manufacturer in China copy our US patented product and sell them directly to US end user through E commerce

What can we do if a manufacturer in China copied our US patented product and constantly sell their copies to US buyers through international E commerce platform? This Chinese company does not have a ...
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1answer
34 views

Should I use “and” or “or” for “at least one of” structure when only two items involved?

From my understanding, when we use the phrase like "at least one of A, B, C and D", it means AD, BD, CD, ABD, BCD etc. i.e. D is mandatory "at least one of A, B, C or D" means any single item or any ...
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3answers
40 views

Should I file a design patent on a different embodiment of a utility patent?

After filing a utility patent a simpler embodiment of the invention came to mind as a separate product. The simpler embodiment is covered in the first claim only since the dependent claims define the ...
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1answer
36 views

Is there any consequences if I don't amend claims properly before the PCT deadline?

PCT application claims can be amended one time via Article 19 and 34. From my understanding, one can amend claims in the national phase. So what is the point of having limitation in PCT? In US, one ...
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2answers
34 views

Is this patent US only?

I'm unclear on what does patent US D781711S claim & specifically in which region. I've talked with some mates that have studied patent law & they seem as puzzled as me. Anyone care to help? ✌️
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1answer
82 views

Asserting prior art to invalidate patent

I have 16 years of prior art that would fully invalidate an Apple patent granted in 2019. The Apple patent has two claims (effectively the same claim repeated twice). It has no preferred embodiment. I ...
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1answer
19 views

Can an improvised device made of used packaging be patented?

I'm using a so-called cantenna (antenna made of a used can) as an example. Suppose there's no evidence that anyone has tried a cantenna but antennas of similar design, just made of other materials, ...
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2answers
23 views

What is the proper way to cover alternative methods in claims?

I do understand the transitional phrase "comprising" is a broad one. A method comprising Step 1 The above method is infringed as long as step 1 is executed. But how do I protect when an equivalent ...
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3answers
39 views

I created an object that I never patented but someone else did I don't know

I created an object but never got around to patent it. I mailed the drawings and all my design ideas to myself to protect the right of later patenting it. I still have that mailing unopened in my ...
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0answers
20 views

Patent attorney costs [duplicate]

I know that it is difficult estimate the cost of any particular patent from start to finish. There are so many variables that can affect any single patent application. Certainly there are rough ...
0
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1answer
20 views

US expired but active WIPO application enforceable in US?

I am curious about this patent having an active application with WIPO, but expired with the US. Although I believe this patent is non-novel and infringes upon previous patents, is this patent ...
0
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1answer
49 views

does the Legal terminology “digital photograph” refer to the Legal terminology “video”?

I have a patent that describes an action that contain a use of digital photograph. There is a company is coping my patent except for the fact she uses live video instead of photos. I can easily prove ...
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0answers
19 views

What are the patents that UCSB have on LED filaments?

I've seen several news articles saying that University of California Santa Barbara is suing five retailers for making "vintage edison LED bulbs" using patented LED filament technology without a ...
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1answer
27 views

Filing to expand on already filed utility patent, how do I go about this?

I have already filed non-provisional utility patent applications. I need to add more information prior to the USPTO publishing one of them. Basically, I'm going to copy the existing application, and ...
0
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2answers
46 views

What is the proper way to file both USPTO and PCT application?

I have two USPTO Provisional Applications. I'm about to file a USPTO non-provisional by claiming priority to those two Provisionals. I'm also planning to file a PCT application. The specification, ...
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1answer
24 views

Which is the best place to search for a filed/issued patent?

Which is the de facto and most recognizable patent DB in the world? Is it WIPO's database (the search engine and the interface seem limited) or Google Patents or maybe anything else? What is the ...

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