5 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 ...
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  • 7,033
4 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 ...
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  • 25.3k
3 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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  • 7,033
2 votes

Split an invention into multiple patents?

You can play with the wording and scope of the patents, you might even be able to hide them a little, but a good patent search will most probably reveal them to your competitor after he knows of one ...
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  • 5,827
2 votes

new use for a known patented invention

If your invention would be infringing on that other patent, then yes, you would have to obtain the rights or license from the patent owner to build or sell your invention. All a patent does is give ...
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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'...
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2 votes

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 ...
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  • 9,607
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 ...
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  • 9,607
2 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 ...
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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 ...
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  • 1,299
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 ...
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  • 9,607
2 votes
Accepted

Patenting Inventions and Commercialisation

I have designed which I believe is a novel method in the form of a product for an existing process (i.e. from all my research and patent searching I see no one else doing the same). I understand that ...
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  • 5,827
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 ...
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  • 25.3k
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 ...
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  • 25.3k
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 ...
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  • 9,607
1 vote
Accepted

Why invent things for a company?

To answer you questions, if you are working for a company and invent something while being paid by the company, you do not own the invention and have no rights to use it yourself or sell it to anyone ...
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  • 9,607
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 ...
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  • 341
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

What is the inventive step in CA2726258A1?

The document you are referring to is a Canadian patent application, which has different rules than the US patent system, so it is somewhat unclear in which context you are asking the question. This ...
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  • 1,775
1 vote

What is the inventive step in CA2726258A1?

Inventive Subject Matter is using Tetrahydrocannabinol (THC) and Cannabidiol (CBD) in a ratio of 20:1 to 1:20 5:1 to 1:5 2:1 to 1:2 1:1.
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  • 2,115
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 ...
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  • 7,033
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 ...
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  • 2,115
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 ...
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  • 9,607
1 vote

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

It's risky. You cannot be sued for patent infringement unless a patent has been granted (that is, it is no longer just an application). So if the patent is never granted, you will be fine. However, ...
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  • 7,033
1 vote

Who is in control of the patent?

All co-inventors begin with equal rights to the patent. All inventors are co-inventors. As far as the patent office and courts are concerned, all inventors have equal rights. There is no 'original-...
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