3 votes

Citing art in body of application?

The factors to be considered are (1) setting a background or context for the state of the art in the field of the invention and setting up the problem which the invention solves, and (2) giving the ...
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  • 491
2 votes
Accepted

Things to take care when inventor self drafts the patent

In general there are many requirements and rules which may limit protection if a inventor files patent application of its own. But its a altogether myth that inventor cannot draft good patent ...
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  • 2,075
2 votes
Accepted

Describing alternative embodiments

In the US, the key question would be whether the general concept (or "genus") is sufficiently described by the examples (or "species"). MPEP § 2163 is comprehensive, and summarises ...
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  • 6,103
2 votes

patent conjunctions

I don't think you can simply proclaim hard-and-fast, universally applicable rules like this. A patent claim's addressee is a person having ordinary skill in the art, not a layperson or philologist, so ...
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2 votes
Accepted

method patent: sub-method dependency

Is it okay to show just one way of performing step C? Yes. The relevant law is provided by 35 USC § 112(a), which provides (emphasis added): The specification shall contain a written description ...
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  • 6,103
2 votes
Accepted

Learning how to draft patents

chempatents1981's answer is excellent and should be accepted. That said, I'd like to provide an alternative viewpoint. I am an inventor, not a patent lawyer. As such I don't have a specific financial ...
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  • 8,984
2 votes

Claiming various solutions to solving the same problem

In the US, the basic fee for a non-provisional patent application allows you to have 3 independent claims, and further independent claims can be included by paying additional fees. You can claim each ...
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2 votes

Claiming various solutions to solving the same problem

These do sound like separate inventions. Patents are given for specific solutions, not to results. Three solutions to the same problem that are technically independent are not a single invention just ...
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  • 25.3k
2 votes

claims drafting

Words like "substantially" and "about" are heavily used in U.S. claims. A quick search of the USPTO's patent search database shows that close to 11% of all patents assigned to Apple, Inc., at issue, ...
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  • 25.3k
2 votes

How do I explain the advantages and avoid using "invention" or "object" in the description?

The invention In the US, there is a line of reasoning where if you describe a characteristic of the invention, that characteristic becomes mandatory. For example, if I write "the invention includes a ...
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  • 6,103
1 vote

Claiming various solutions to solving the same problem

Is this filing in the US, EPO or some other place? Background: Practice varies from place to place, but can be broadly bunched together under USPTO (Restriction) and PCT (Lack of Unity). In a majority ...
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  • 76
1 vote

How do I explain the advantages and avoid using "invention" or "object" in the description?

You can use embodiment instead of object. A common expression is also "as described herein" so you don't have to repeat all the time "the present invention". But I don't see how you can skip the word "...
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1 vote

Learning how to draft patents

Supporting answer to part of query:- ..... If there is any online course on drafting patents, please let me know.... You can enroll to WIPO drafting course which is good for learning basic ...
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  • 2,075
1 vote

claims drafting

In general words like "substantially" or "approximately" should be avoided in claims. That does not mean that the claims will be invalid automatically but it is an invitation for scrutiny. As long a ...
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  • 250
1 vote
Accepted

Should patent claims be narrow yet vague?

Whether it is good depends on your view of why you are applying for a patent. This gets a little philosophical. The classical view is that a patent protects an invention so that an inventor can ...
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  • 6,103
1 vote
Accepted

What is the proper structure for a claim statement involving “a plurality”?

Phrasing for "at least one" "At least one network destination" means that a situation in which there is only one network destination would still be covered. "At least one of/among a plurality of ...
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  • 6,103
1 vote

Patent Drafting Software

I am an inventor and have worked with quite a few patent attorneys both inside and outside my company. In every case, the patents were written using Microsoft Word. It is important to understand that ...
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  • 8,984
1 vote

Learning how to draft patents

Patents are drafted with the aim to "fit" the legal background of the jurisdiction they belong, for example the US or the EPO. For every paragraph that seems to be repeating the same thing, there is ...
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1 vote

The provisional patent and future idea for my mobile app

Should I add futuristic ideas to my provisional? You should add a futuristic idea if: You can describe it in enough detail that a reader could put it into practice. If the reader could not put it ...
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  • 6,103
1 vote
Accepted

patent conjunctions

English grammar First, there is no definitive English grammar. As opposed to other languages which have regulatory bodies, English is wild and lawless. Writers of English grammar books set out what ...
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  • 6,103
1 vote

Patent Drafting: Using multiple colon in first claim

Claim 1 of US 7346650 contains two colons. There is nothing particularly special or notable about this patent, it's just the first one I came across. Using multiple colons in a claim is not ...
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  • 6,103
1 vote

Patent Drafting Method: Pros & cons of drafting claims and converting claims to descriptions

Many practitioners draft claims before drafting the specification. When you think about claiming you think broadly. If you start the specification first you are likely to start, and possibly end, with ...
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  • 25.3k
1 vote

Is there a requirement to explicitly call out a preferred embodiment?

You must describe the preferred embodiment, but you do not need to state which of several embodiments is the preferred one.
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  • 471

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