3
votes
Accepted
Can ML applied on an existing idea be patented?
I am not a lawyer but here is my take. If someone has a patent with a claim covering steps A, B and C and you file a patent application for using steps A, B and C plus machine learning (ML), you might ...
- 9,712
3
votes
Accepted
Independent and dependent claims relation
In theory, you do not infringe a patent based on the scope of a dependent claim if you do not infringe the patent based on the scope of a respective independent claim.
In practice, it is possible to ...
- 1,942
3
votes
Accepted
Why do few US patents have reference numbers in the abstract and claims?
In most of the world reference numbers are required in the claims and encouraged in the abstract. Reference numbers in claims are rarely seen in U.S. patents.
It is not overly paranoid to think a ...
- 25.6k
3
votes
Accepted
Prior art and claim
It is a single document, and it is the prior art that is deemed to be the closest to the claimed invention. Should the closest prior art change during prosecution, you have to amend the preamble ...
- 1,942
2
votes
Accepted
How to define a custom term in a patent claim?
Most if not all patent laws across Europe, including the European Patent Convention, require the claimed subject-matter to be clear without resorting to any other part of the patent specification. ...
- 1,942
2
votes
How to define a custom term in a patent claim?
You do not usually define terms in a claim but in the specification. Patent applicants are allowed to redefine words and give them special meanings. You need to do it thoughtfully because if you pin ...
- 25.6k
2
votes
Accepted
Why inventor will use "consisting" instead of "comprising" transitional phrase in a patent claim?
To avoid prior art. If you invent a 3 wheel car and you say “comprising 3 wheels” you have not specified a 3 wheel car since comprising is open ended you have essentially said “at least 3 wheels”. ...
- 25.6k
2
votes
Accepted
Why not merging multiple patents to save money?
In the U.S. a restriction requirement can be issued by an examiner who feels a claim set covers more than one invention. One criteria they can use is to assert “ undue search burden” and identify ...
- 25.6k
2
votes
Why not merging multiple patents to save money?
Because the patent authorities will only allow one invention per patent. If they believe they is two or more they reject the application.
- 9,712
2
votes
Independent and dependent claims relation
If you mean that your art mismatches the independent claim on which the dependent claim overtly calls out as its independent claim, then under all WIPO-signatory nations (and certainly the USA), your ...
- 369
2
votes
Accepted
"Package delivery notification system and method" claims
When granted, it was not found obvious 21 years ago, and 16 years before this question.
Sometimes incremental improvements that are "not obvious to a person with ordinary skills in the art" ...
- 250
1
vote
Accepted
Interpretation of apparatus having specific logic
The claims to devices (a multiprocessor) can be infringed by making selling offering for sale importing or using such a piece of hardware. The closest you could get to infringing would be using one. ...
- 25.6k
1
vote
Independent and dependent claims relation
By definition, in all countries, dependent claims are a narrowing of independent claims. If you do not infringe an independent claim you cannot infringe a claim that depends from it. Period.
However, ...
- 25.6k
1
vote
Accepted
What are the rules for measuring patents obviousness and generalization?
Overly broad claims can run afoul of novelty and obviousness issues. How broad a claim you can get allowed and enforced is entirely based of the uniqueness of the invention in relation to the prior ...
- 25.6k
1
vote
Is the goal of a patent claim to have as few elements as possible?
I don't want to sound negative, but it's usually unhelpful to treat the goal of patent-claim design by analogies that look like a mathematical exercise in something like set theory.
The business goal ...
- 188
1
vote
Is the goal of a patent claim to have as few elements as possible?
Is the goal of a patent claim to have as few elements as possible?
Actually what is important is a claim set. In a set of claims each claim is doing a different job. Certainly there should be a claim ...
- 25.6k
1
vote
Is the goal of a patent claim to have as few elements as possible?
In general you always want the broadest claim coverage possible. So yes, if you can get a claim allowed for elements A and B instead of A, B and C you would do so. However, the invention must be ...
- 9,712
1
vote
Accepted
Is it okay to modify existing patent and file it?
I would avoid word for word copying of anyone else's work. Patent documents have copyright protections. Instead, I would use the prior patent as a template. Rewrite each section tailoring the content ...
- 9,712
1
vote
Accepted
Why no sue for using linked list?
The cited document was a patent application, not yet a patent. Patent claims often narrow between the application stage and the eventual patent. The application was granted as patent US 7028023B2. The ...
- 9,712
1
vote
Accepted
Can it be patentable?
Can my new idea be patentable?
The answer is maybe. You clearly are distinguished from patent PA and as such don't infringe on that patent. What you don't know is whether there is any other prior art ...
- 9,712
1
vote
Scope of a feature "..connected together"
Based on a cursory review of the patent, I'm figuring a woven fabric would constitute a single layer even if it were a blend of fabric fibers. In a woven fabric each individual fiber is hardly ...
- 9,712
Only top scored, non community-wiki answers of a minimum length are eligible
Related Tags
claims × 308claim-construction × 44
patent-infringement × 42
patentability × 41
patent-applications × 24
prior-art × 21
software × 13
method × 10
uspto × 9
provisional-application × 9
pct × 9
specification × 7
law × 6
novelty × 6
drafting × 6
claim-amendment × 6
usa × 5
description × 5
independent × 5
prior-art-request × 4 filing × 4
invalidation × 4
utility × 4
protection × 4
dependent-claim × 4