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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 ...


4

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 a baseball would be an item that was manufactured. You'll see that either "apparatus" or "device" is on that list. It doesn't really matter what you call your ...


3

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 widget", then whatever I claim must include a widget. If it's not included explicitly, it can be imported into the claim implicitly. This is a problem, if the ...


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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 being so overly broad that it's unpatentable. You've identified two methods? Good -- write claims which teach both of those methods. You'll notice I used the ...


2

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 are doing the same exact function with no differences. As the device never existed, the device is considered Novel and potentially could be patentable. ...


2

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 you the rights to "exclude others from making, using, offering for sale, selling or importing [your] invention." But a patent does not guarantee you the right ...


2

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 of them. And you have to be careful not to reveal anything in one patent that would impede one of the other patents from beeing granted. If you are ready to ...


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 ...


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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 I can apply for a provision patent application while exploring the commercial value of the idea; I assume you want to write this application on your own and ...


1

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 ...


1

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 else. This is the standard agreement when working (at least in the US). It is true some companies provide additional incentives to inventors, but that doesn't ...


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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 ...


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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 "invention" 100%, neither do I understand why one should do so. Also, I don't agree that the advantages are optional, in the sense that, no one obliges you to ...


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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 surprising). However, I feel reasonably confident that the answer is no. However, the answer below includes a lot of “I think”s, and therefore should be taken ...


1

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 in US. i doubt that personal use comes under bolar provisions. Even if you use personal design and not the drawing provided in patent and claims cover your ...


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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 patent, but would likely need a license for the original patent to market the product. If however, your idea is a way of using the mechanism for an umbrella, ...


1

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, if the patent does grant one day, you may be liable to pay a "reasonable royalty" for the time that you infringed the claims of the patent application between ...


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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-inventor' in any given patent. A particular innovation may give rise to multiple patents, and the original-inventor may be sole inventor on some and co-inventor ...


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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 answer will be in the context of the US patent system. In order to get the full story on the inventive step, you need to follow the related documents. The claims ...


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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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I think it might depend on how public that posting was. Both of those social networks have privacy settings which limit the exposure to your posts. Was it posted to a single individual? Probably not considered disclosure. Public to the world, probably considered disclosure. However, any such could establish a date for invention.


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