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Practice differs across jurisdictions worldwide. The idea is the same behind all of them, but usually the tools to analyze enablement are different. I think patent attorneys don't like broad claims because they know it is tough to support them and the danger of having an invalid claim granted lures around. The applicant, unfortunately, is in most cases very ...


5

If you say "the invention includes a widget", this can be seen as equivalent to saying that a widget is an essential feature which must be present. This means that if a claim omitted the widget, it would not be allowable or enforceable. However, if you say "one embodiment of the invention includes a widget", then this implies that other embodiments of the ...


3

It means an example of something that includes the claimed invention. An embodiment is a concrete thing or process that practices the more abstract “invention-as-claimed”. Implementation is close to the meaning of embodiment. The invention itself is defined by one or more numbered claims. Claims are written in a way to apply to more than a single embodiment....


3

Claims are hard to draft and your approach might not be artful but alternatives are allowed in EPO claims if they don't get too confusing. A claim, whether independent or dependent, may refer to alternatives, provided that the number and presentation of alternatives in a single claim does not make the claim obscure or difficult to construe and provided that ...


3

It means “the following limitation is optional“. In Europe for example, if you describe an example with limitations a, b and c only, you cannot claim a and b without c. If however you say a, preferably plus b, more preferably c or c and b, it is clear that a can be combined with b and/or c. It is a (very important) formal thing. If you look for it, you ...


3

Q. "Can it then be written up as a separate application?" A. Yes. Each of the two regular applications should claim priority to the provisional application which you have already filed. To do that, the regular applications must both be filed within one year of the provisional filing date. The inventors of the two regular applications are not necessarily ...


3

However you are not sure the examiner is correct. Examiners decisions are frequently overturned by the courts. Yes, Examiners can be wrong, but failure of an Examiner to issue a restriction requirement where one was appropriate doesn't sound like something that can be used to invalidate an issued patent (I haven't researched this in depth but I would be ...


2

It is proper to interpret claims in light of the specification. It is not proper to "import" limitations from the specification into the claims. This was a relatively clear line until a decade or so ago. Now courts often find some wording in a specification that they look at and decide that they now know "what the inventor invented" or "what the inventor ...


2

What is protected is what is described in the claims. Nothing more, nothing less. While the rest of the patent describes the background, the invention and how it works, only what is in the claims matters with respect to what is protected. It is very important to make sure you are assessing the claims of an actual patent and not an application. Claims in ...


2

First of all you should consider whether the technical feature you are referring to is necessary for the definition of your invention, maybe you can claim your invention without any such feature. In the event that it should be part of the claimed subject-matter, you should try defining it in a generic way so that all the alternatives are encompassed. For ...


2

I can't speak for patent attorneys since I'm not one, but in my mind the words "invention" and "embodiment" aren't synonyms. An embodiment is a particular way of implementing the invention. When a patent gets drafted, there is usually a preferred embodiment and several alternative embodiments. The idea is to make it harder for others to design around the ...


1

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 ...


1

As a former patent attorney, I recall routinely including terminology referring to "these and other embodiments of the disclosed invention..." as a way to help a reader more clearly focus on the fact that only the CLAIMS in a patent have any legal weight. A potential infringer cannot avoid liability by simply implementing "another embodiment" of the claimed ...


1

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


1

A patent can, and should, describe several embodiments. The preferred embodiment must be described, but it is not necessary, or even desirable, to state which embodiment is preferred. You must not try to hide a preferred embodiment by obscuring it with excessive numbers of other embodiments. Multiple embodiments are helpful for supporting broad claims to ...


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