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 ...
- 6,218
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 ...
- 521
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 ...
- 30.8k
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 ...
- 11.7k
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 ...
- 6,218
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 ...
- 11.7k
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 ...
- 30.8k
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 ...
- 1,191
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'...
- 86
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 ...
- 11.7k
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 ...
- 30.8k
2
votes
Who Owns the IP Rights? Invention Outside Company Market
First off, I am not a lawyer. For most people working for employers, if they are paying you, they own the fruits of your labor. This is the standard way things work. Now your situation may be ...
- 11.7k
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 ...
- 11.7k
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 ...
- 11.7k
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 ...
- 11.7k
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 ...
- 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 ...
- 403
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 ...
- 11.7k
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