4 votes

Why not refer to the invention as the invention?

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 ...
Maca's user avatar
  • 6,178
3 votes

Machine, device or apparatus?

I would use "system". The law (35 USC 101) lists the statuary categories as "processes, machines, manufactures and compositions of matter." Something with active parts would be a machine; a hammer or ...
George White's user avatar
  • 28.6k
3 votes

Invention Protection for a Device With Two Different Mechanisms

The first thing to understand about patents, especially in "greenfield" areas - no previously existing products, devices, methods, etc. - is you want to make the patent as broad as possible, without ...
Julie in Austin's user avatar
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 ...
Maca's user avatar
  • 6,178
2 votes

"embodiment" vs. "invention"

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 ...
Eric S's user avatar
  • 10.9k
2 votes

Invention Protection for a Device With Two Different Mechanisms

If there is a device -I know that it have never been existed before- that can be implemented by two different mechanisms, lets say one rotary and the other is a linear movement mechanism. And they ...
RishiM's user avatar
  • 1,191
2 votes

Why not refer to the invention as the invention?

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 ...
George White's user avatar
  • 28.6k
2 votes

Can i use scraps of other products to use as raw material

There is a concept in patent law called "patent exhaustion." Under this defense, an authorized sale of a patented product, e.g. by the patentee or licensee, exhausts all of the patent owner'...
ipesqnyu's user avatar
2 votes

A question regarding Inventorship

I am not a lawyer so this is not legal advice. It is possible that someone else at "P-House" invented exactly the same thing as Bob did after Bob left, but is seems unlikely. Bob could ...
Eric S's user avatar
  • 10.9k
2 votes
Accepted

Can my idea that was published in my own blog still be patentable by me?

No and No to the concept published two years ago. In most of the world no to anything already published yesterday. In the US there is a 1 year sort-of grace period so the concepts of others might or ...
George White's user avatar
  • 28.6k
2 votes

what needs to be patented in a new type of mechanical devise?How many different or only one?

One thing that is important is whether there is one invention or several. In theory there should only be one invention per patent (although there can be several implementations). It's expensive to get ...
Eric S's user avatar
  • 10.9k
1 vote

My grandfathers patented invention

I see in the comments you list EP0460797A1. This application was granted as EP0460797B1 on 06/21/1995 and expired on 04/23/2011. So this patent is no longer in force and the invention described by it ...
Eric S's user avatar
  • 10.9k
1 vote

Prototype developed outside of work, employer wants me to finalize work in house. Do I automatically lose my IP?

Assuming your invention is completely unrelated to your work, I would first negotiate with your employer before allowing them any access. If fact I wouldn't have disclosed it to your boss without ...
Eric S's user avatar
  • 10.9k
1 vote

Can i use scraps of other products to use as raw material

Generally I'd imagine there is no particular reason from a patent standpoint why you couldn't make use of other products. In particular, I've seen artwork made from welding together scrap farm ...
Eric S's user avatar
  • 10.9k
1 vote

"embodiment" vs. "invention"

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 ...
Upnorth's user avatar
  • 271
1 vote

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

Rather stay away from using the words such as "advantage(s)" and phrases like "the object of the invention is ...". Rather merely mention the features or aspects of the invention. If a patent ...
Deon P Hugo's user avatar
1 vote

Can an encrypted publication be prior art?

If a description of an invention is published in an encrypted form, can it still count as prior art? No. Well, probably. I couldn't find any case law on this point exactly (which, perhaps, is not so ...
Maca's user avatar
  • 6,178
1 vote

Is it Legal to make an artificial kidney despite the patent?

Patent protection is defined by claims, if your device is having all components of patented one then you will be infringing it. Now if patent is active in US then you cannot do said claimed activity ...
Pushpak's user avatar
  • 2,083
1 vote

Can I use an invention that has not been granted a patent?

I'm not sure you've been given the right analogy yet. Let's say the patent was for a mechanism for a folding chair. If your idea is a way of using the mechanism for a folding wheelchair, you may get a ...
Eric S's user avatar
  • 10.9k

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