Podcast #128: We chat with Kent C Dodds about why he loves React and discuss what life was like in the dark days before Git. Listen now.

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It is possible to file a patent application AND retain the ability to treat it as a trade secret. When you file, you need to file a non-publication request. There are downsides in terms of foreign patent filings in doing so, but it also means that the patent application is never published, and remains secret, until the patent actually issues. Patents take ...


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My concern would be that a court would find there is no patentable weight to "none or more". If you have a group of options (i.e. "the system of claim 1, wherein one or more of A, B, C or D is present"), it is easier to infringe (since you have four options), but it is also much easier to invalidate (because if there is prior art for A, B, C OR D, you have ...


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I would avoid, as it implies the feature is not included. You will likely have the examiner questioning the validity of the claim before he/she finishes reading the rest of it.


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I hesitate to answer since I'm not a lawyer, but why don't you just have two dependent claims? Something like: Claim 2: The method of claim 1, wherein A comprises B. Claim 3: The method of claim 2 further comprising one or more of: C, D, E, and F. That said, I did a search on Google Patents for issued US patents with "none or more than" and found ...


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In the U.S. you need to include the "best mode" embodiment of your invention. You might be able to narrowly claim A such that a disclosure sufficient to enable A, alone, does not need to mention B as part of a best mode for A. If you had not yet developed B you could patent A and then develop a trade-secret B that made A more efficient. Since you already ...


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Based on feedback, i'm editing my answer. You are obligated to disclose your invention's best embodiment in the patent application. Thus if A isn't really sufficient without B I'm guessing you absolutely need to disclose both in your patent application. If however A is quite a reasonable invention by itself, and B is an independent invention (even if it ...


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Each claim is taken on its own. If your product meets everything laid out in any single claim then your product infringes that claim, and therefore infringes the patent. You may have have heard that you need to have all elements of a claim to infringe - that is correct, all elements of any claim, not all claims. You and your product may or may not attract ...


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35 USC 101 says - Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. A method is a process and a system is a machine. They are clearly in two different statutory ...


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In 2nd prong test of Step 2A of "2019 Revised Patent Subject Matter Eligibility Guidance", "practical application" is to be 'evaluated on the claim as a whole'(note 24 page') 1. The term 'additional element' requirement in this context connotes 'claim features, limitations, and/or steps that are recited in the claim beyond the identified judicial exception, ...


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