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Search options not deleted user 28666
1 vote
1 answer
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When acting as one's own lexicographer, is there any prohibition against functional definition?

Suppose my claims recite a "memory" (in the context of a computer arts invention). The novelty of the invention is not in the memory itself. Next, suppose I define memory in the specification as broad …
bhuff36's user avatar
  • 1,870
3 votes

What are the implications of including human beings in the description and claims?

I've been told that using human beings in any context is a problem. It's not obvious to me why. According to the law (in U.S.), patent claims can not recite a human being per se. See https://www.usp …
bhuff36's user avatar
  • 1,870
2 votes

How can I use a "for each" clause in a patent claim?

If you really want a claim as narrow as a particular loop, there is a much simpler way to do it than to port your loop to claimese: simply recite "step for processing points" and include a flowchart a …
bhuff36's user avatar
  • 1,870
1 vote
Accepted

An optional step that does limit the claim

Sometimes it's helpful to boil these kinds of issues down to their essence. Claim 1: A method, comprising, in order: a. starting a timer b. optionally snapping one's fingers c. clapping only if one d …
bhuff36's user avatar
  • 1,870
1 vote

how can you say the equivalence of "at least zero" in a claim?

Is there a right way to construct this claim? Yes, it's "storing a plurality of user profiles". Since "zero or more" is the same thing as "optionally" and non-limiting, just don't mention it at all. …
bhuff36's user avatar
  • 1,870
2 votes

can subjective words be used in claims?

As written, your claim is not limited to computer implementation and covers mental processes as well, which renders it unpatentably abstract. Assuming you limit to a computer-implemented method, such …
bhuff36's user avatar
  • 1,870
1 vote

a list of elements versus a list comprising elements

So would a competitor bypass infringement of claim 1 if their implementation identifies a list that also includes other elements not having said "some condition"? Yes, and this must be so. Otherwise …
bhuff36's user avatar
  • 1,870
2 votes
Accepted

in a method claim, how to word it such that the order of certain steps can vary?

Generally the order listed in the claim is not assumed to be limiting. Whether there is dependence between the steps is something the specification should ideally make clear explicitly (but it can als …
bhuff36's user avatar
  • 1,870
1 vote

referencing the same device on a software method claim

is this technically limiting the claim to a user only ever using one device to complete an instance of the process? Yes, but to exploit this a freeloader would have to require all users of their ser …
bhuff36's user avatar
  • 1,870
0 votes

defining a base value for objects referenced in an optional step of a method claim

I just need to know whether this claim can be rejected on indefiniteness caused by the optional step to identify a third score. I want to know whether the wherein clause suffices to make the third sc …
bhuff36's user avatar
  • 1,870