4 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 ...
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  • 511
3 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 ...
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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 ...
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  • 25.3k
3 votes
Accepted

Do scientific errors in patent description affect its validity?

Is a patent or patent application with a clear error valid? It depends. If a person skilled in the art is able to put to practice the claimed invention, it is enabled. If not, it is not valid. The ...
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  • 5,827
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 ...
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  • 25.3k
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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  • 25.3k
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 ...
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  • 25.3k
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 ...
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  • 221
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) ...
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  • 25.3k
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 ...
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  • 9,607
1 vote
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 ...
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  • 9,607
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 ...
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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 ...
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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 ...
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  • 9,607
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 "...
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  • 25.3k
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 ...
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  • 9,607
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 ...
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  • 9,607
1 vote

How is a magazine article cited in a detailed description?

If I am understanding your question correctly, you are wanting to put a citation to a publication directly in the language of the claim. In the US, that would likely get a rejection from the US ...
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1 vote

explaining the theory that undergoes an invention in patent description?

At least in the U.S., a patent application must teach someone skilled in the field how to make and use the invention without undue (for the field) experimentation. It also needs to cover whatever ...
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