5 votes
Accepted

Okay to use "optionally" in a claim?

Is it okay to use "optionally" in a claim? No, for two reasons. The purpose of an independent claim is to define the scope of the protection that you seek. Including an optional feature does not ...
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  • 7,043
4 votes

Why have dependent claims?

This is a great qestion! Dependent claims are such a prominent thing and they don't give you anything in regards to claim scope. (Apart from interpretation maybe, but a well written description ...
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  • 5,827
4 votes

Patents and Dependent Claims

An independent claim will always encompass all of its dependent claims. That means that something infringing a dependent claim will always infringe the independent claim too. A dependent claim is just ...
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  • 5,827
4 votes
Accepted

Combination of Dependent Claims Infringement

For infringing a claim, all elements of a claim need to be infringed. A claim a + b can either be “at least and b“ (typically) or “exactly a and b“ (for example exactly 40% sparkling water and 60% ...
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  • 5,827
3 votes
Accepted

Are the dependent claims still infriengble if the independent claim is meaningfully different from mine?

As @EricS says - dependent claims, by definition, narrow the claim(s) they depend from. Therefore there is no way to not infringe an independent claim but infringe a claim that depends from that ...
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  • 25.6k
3 votes
Accepted

Novelty requirements for dependent claims

If A is unknown, then a B that is A plus a regular thing "delta" is inherently unknown. So, a claim that says, "the thing of claim 1 where the bottom is red" is inherently novel if claim 1 is novel ...
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  • 25.6k
3 votes
Accepted

Set-theoretic view of dependent vs. independent claims

A  dependent claim must always narrow down the scope of the associated independent claim. Yes. That can even be used to determine the scope of the independent claim by analyzing how the dependent ...
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  • 5,827
2 votes

Is novelty in every dependent claim a necessity?

First, a small note about terminology: the word "limitation" is almost a synonym for "feature." To answer the questions, I'll come up with a simple example. Let's say your invention is a chair that ...
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  • 317
2 votes
Accepted

Equating claim elements in dependent claims?

Concerning the European patent practice, most probably you would receive an objection on the grounds of lack of clarity because there is an inconsistency between the scope of the independent claim and ...
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2 votes

Equating claim elements in dependent claims?

I can imagine a case like this - claim 1. A system with an A and a transmitter module and a receiver module. Claim 2, the system of claim 1 where the transmitter module and the receiver module are ...
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  • 25.6k
2 votes

Are the dependent claims still infriengble if the independent claim is meaningfully different from mine?

I am not a lawyer, but I believe that if you don't infringe the independent claim, you can't infringe any claims dependent on that claim. If the independent claim includes a mirror and you don't ...
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  • 9,712
1 vote

Is the language '[a] method as claimed in any preceding claim" only available if a special fee is paid for combinations, variation or permutations?

Multiple dependencies are strongly discouraged in the U.S. Here they are thought of as potentially confusing. In much of the world they are thought of as a way to have more compact wording. In the U.S....
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  • 25.6k
1 vote
Accepted

Is the language '[a] method as claimed in any preceding claim" only available if a special fee is paid for combinations, variation or permutations?

It will depend upon the jurisdiction the patent application is in. Some jurisdictions let you do that without having to pay any additional fees, for example the EPO, most European jurisdictions, ...
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1 vote
Accepted

The singular and plural has been a major issue for me as a pro se first-timer

You could draft it like this: Device comprising: at least one X, the at least one X comprising a first X at location A. Device according to claim 1, wherein the at least one X further comprises a ...
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1 vote

Equating claim elements in dependent claims?

From finnegan.com/files/Upload/FCN_Aug10_5.html: The Court noted that “[w]here a claim lists elements separately, ‘the clear implication of the claim language’ is that those elements are ‘distinct ...
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  • 1,186
1 vote

Claim Status Identifiers

No need to change status identifiers if any of the independent or dependent claims is unchanged. Status identifiers are needed to be changed in case of amendments (strikethrough of text, insertion of ...
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1 vote

Why have dependent claims?

You're right that a dependent claim is necessarily narrower than its associated independent claim. Nonetheless, there are benefits to dependent claims: If the independent claim is not allowed, its ...
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  • 111
1 vote

A dependent claim that modifies just one aspect of the independent claim

You can't remove anything required by a referenced claim but you can add to it or you can narrow it. For example - The method of claim 1 where the hammer used in step b is a claw hammer. Or - the ...
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