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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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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 for any country party to the Paris Convention for the Protection of Industrial Property. And the fact that the two applications relate to the same concept has no ...


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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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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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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) with relatively clear meaning. If you claim "A machine comprising an A, a B and a lubricant . . . " there is no functional defining going one. Anything ...


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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 willing to work on early stage ideas. One thing I would caution, product development firms generally have a combination of industrial designers, engineers and ...


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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 protection then publishing those minor (or even major) variations should keep anyone else from obtaining a patent on the variation. I say should because the ...


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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 documents or the date of the invitation issued by the Receiving Office if said Office has detected that there are missing parts in the documents making up your ...


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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 interpretation that you don't import the specification into the claims. On the other hand a second truism is that the claim needs to be enabled across its scope ...


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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 broad claims which usually get narrowed as part of the patent prosecution process.


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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 "preferred embodiment" but the claims are, almost always, broader than that specific item. Many things that are very different from the described ...


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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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