3
votes
Do scientific errors in patent description affect its validity?
Related to this is the concept that the inventor does not need to know, correctly, why something works. If a combination of A and B is great at taking rust off a rusty screw driver and the inventor ...
- 28.6k
3
votes
Accepted
Including existing patents and non-patent prior art in a nonprovisional application
Your question is somewhat vague, so I will provide a somewhat vague answer:
You must tell the patent office about any relevant references you know about. The best way to do this is in an information ...
- 469
2
votes
Accepted
Can patent description refer to drawings
Yes, the description does refer to the drawings. Besides numbering the reference items they should all be given unique names and you can use the names when describing the drawings. Including the ...
- 28.6k
2
votes
How should I structure the "Advantages" section of a patent application?
In the last several years in the U.S. there is a trend to almost eliminate any specific discussion of advantages or even objectives. Anything you say can be held against you.
The wide end ...
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2
votes
How should I structure the "Advantages" section of a patent application?
You're on the right track. Advantages can advantageously be used to link a specific structure to a specific result, which can help in lots of ways, particularly in "means-plus-function" claiming. They ...
- 221
2
votes
Legal implications of description vs claims
Dependent claims serve a few purposes. One is as a fallback in case the broader independent claim is rejected during prosecution or more importantly during enforcement. Another is a concern that the ...
- 28.6k
2
votes
How patents are avoided to be reinvented and how we can understand them comprehensively?
If you are overwhelmed by the vast number of patents, there is not much of a cure. On the other hand if you have a specific invention you have made and want to find out if it is patentable, you can do ...
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2
votes
Accepted
Can alternative embodiments well known to skilled persons but not described in my description be protected by my broad claim?
If you have a granted patent with a broad claim, then you can enforce that patent against others who infringe upon it. If you are worried about some minor variations of the invention getting patent ...
- 10.9k
2
votes
Accepted
Is it possible to claim priority from two different applications?
Yes, it is possible. Art. 8(1) PCT:
The international application may contain a declaration, as
prescribed in the Regulations, claiming the priority of one or more
earlier applications filed in or ...
- 2,274
1
vote
What's wrong with using "claim language" in the description?
The first principle is to not use language that might have some legal connotation that you do not fully understand.
Regarding your specific examples I would say that there is a danger of a court ...
- 28.6k
1
vote
Detailed Description: Okay to give implementation suggestions and tips?
The specific hints you mention are not necessary but probably won’t hurt. The boilerplate wording is fine and might help.
- 28.6k
1
vote
Is it possible to describe functionally materials instead of chemically?
If you do not know what chemicals have the properties you require you may not have an enabled invention to patent.
The good news, taking your example - a lubricant is a noun (a thing, in this case) ...
- 28.6k
1
vote
Do you know any IP firms who can provide input in the design of an invention?
If you have the bare idea for invention and want to develop that idea into something patentable, then you would probably want to work with a product development consulting firm. Such firms are often ...
- 10.9k
1
vote
Is it possible to amend the description of a PCT to include content from a priority application?
Yes, with some buts. Below I reproduce item 6.027 of the PCT Applicant's Guide; you should review the following items too, however. You have 2 months from either the date when you first filed the PCT ...
- 2,274
1
vote
If a claim is broader than the description, what is protected exactly?
If you are talking about an issued U.S. patent there is a reasonable chance that, if it is enforced, a court will interpret a claim more narrowly than its actual words.
There is one truism of claim ...
- 28.6k
1
vote
If a claim is broader than the description, what is protected exactly?
The simple answer is the claim establishes what is protected. It is important to determine if you are viewing an actual granted patent or a patent application. Applications often have excessively ...
- 10.9k
1
vote
Is it fraudulent to give inaccurate information about the invention in a patent?
I do not know anything about plant patents other than the page at the USPTO web site I just read, but I can answer for utility patents. A utility patent may have a very detailed description of a "...
- 28.6k
1
vote
How patents are avoided to be reinvented and how we can understand them comprehensively?
The short answer is you perform a patent search. You are absolutely correct to suggest this is a substantial undertaking. I am not a professional patent searcher, but I've done my fair share. You can ...
- 10.9k
1
vote
Accepted
Can a patentable but not fully developed method be protected?
I'm not a lawyer, but I do have a fair number of patents. In my experience there is no burden to prove an invention actually works. Thus if you have an invention and it isn't fully developed, you can ...
- 10.9k
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