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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 disclosure statement (IDS). You do not have to search for references, but it is to your advantage to do so. It's hard to write a good patent application if ...


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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 has no idea, or an erroneous idea, about the chemical mechanism, it is still patentable. Diamond Rubber vs Consolidated Rubber Nor does it detract from its ...


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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 person skilled in the art will use their knowledge about science etc. to try to overcome any errors if possible. Only the invention in the claims has to be ...


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Ultimately it is up to you, but consider the consequences of your decision: You write some additional language describing how to perform the method. All you've lost is the time spent writing that additional language, much of which can be adapted from your system language, not to mention the flowchart you already created. You submit the application as-is ...


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Usually when we think of a patent we are thinking of a utility patent. They cover the function of something. These are all design patents. Design patents only cover the ornamental aspects of a item of manufacture. Ornamental can mean shape, texture, finish, color, printed material, patterns, reflectivity, translucency, etc. In many cases, as in the ones of ...


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Sorry for the short answer. At the level of a pro se provisional I would not worry about the title so much. I would have a separate section for the methods. Typically it would be text corresponding to a flow chart saying: "as seen in fig. x step s1xx is receiving the data packet by the widget which was produced by the foo." Method steps are ----ing. ...


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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 reference number after the name does not need to be done every time the name is used. If you are talking about a particular interaction between two reference items ...


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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 advantageously fixed at the base . . . Can be taken by a judge that any embodiment that does not have that property is, by definition, not your invention. So even if ...


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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 can also help satisfy "Best-mode" requirements. For me, I like the advantages to sort of track the claim language, especially for dependant claims, to answer "...


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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 broader claim might be hard to grasp but the dependent claim hits you over the head in a case that is likely to occur. There is also something called claim ...


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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 a patentablity search - another answer from Eric Shain outlines how you could go about it. I have experienced a phenomena of dead-on prior art existing but not ...


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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 certainly start with Google Patents, but I've found The Lens to have some useful additional features. My process is generally to try different search terms to ...


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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 still apply for and receive a patent assuming it still meets the requirements of patentability. You do need to disclose the best embodiment in the application. ...


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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 Patent Office for failing to properly and fully describing the invention. If that is what you are truly trying to do, I would suggest defining the algorithm in the ...


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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 version you and your team think is the best way to do it at the time of filing. Inventors may not always know or correctly know the theory behind the invention. If ...


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The U.S. Enablement requirement. Even though an applicant would like a broad claim that is free of implementation specifics, the US has a requirement that the specification teach someone of skill in the art how to make and use the invention. This leads to some very specific descriptions of one or two particular embodiments, down to the part numbers of ...


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Ultimately, this is determined by 1) ensuring your description describes the invention sufficiently for a skilled person to perform it 2) your claims are supported by the description 3) for the US, you include the best mode known to you So it depends on just how common the technologies are, and how you are using them. How much would the skilled person (in ...


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There is nothing wrong with two applications containing common material. Usually underlying technology is explained in the context of its use in that particular invention rather than in isolation.


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