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6 votes
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Method Claims vs. Means Plus Function

Functional claiming and claiming a method are two different constructs. A primary division of claim types are claims that define a thing and claims that define action steps for accomplishing something....
George White's user avatar
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5 votes

Are Patents Given to Common Practices?

The patent you refer to expired back in 1983 or so. Any time after that, the teachings are considered public domain. Recall that many patents - especially in the titles, abstract and descriptions -...
Richard Jefferson's user avatar
4 votes

Method of fabrication patents, Is it okay to import from abroad?

If you patent a method of fabrication, any product that is imported which would infringe your patent would comprise infringement. Eg: If a patent was granted in US but not in Canada, a person using ...
RishiM's user avatar
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3 votes
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Chess training method

In much of the world (Europe is an example) a patent must be for a technical solution to a technical problem. A method of teaching chess might or might not be technical but it is not a technical ...
George White's user avatar
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2 votes
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Understanding divided infringement in method claims

Claims 1 and 2 allow for divided infringement. Claims 3 and 4 put all the actions on the "customer" (he/she has all the gerunds) and are not susceptible to being accomplished in a divided manner. If ...
George White's user avatar
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2 votes
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method patent: sub-method dependency

Is it okay to show just one way of performing step C? Yes. The relevant law is provided by 35 USC § 112(a), which provides (emphasis added): The specification shall contain a written description ...
Maca's user avatar
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2 votes
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How to define a custom term in a patent claim?

Most if not all patent laws across Europe, including the European Patent Convention, require the claimed subject-matter to be clear without resorting to any other part of the patent specification. ...
the Europeist's user avatar
2 votes

How to define a custom term in a patent claim?

You do not usually define terms in a claim but in the specification. Patent applicants are allowed to redefine words and give them special meanings. You need to do it thoughtfully because if you pin ...
George White's user avatar
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2 votes

Is it possible to patent an operational workflow in EU?

It depends on what kind of operational workflow you want to be patented. In short, a workflow/process/method is patentable, if it has a tangible / measurable result, like a pizza recipe (take a dough, ...
picibucor's user avatar
  • 486
1 vote

I want to protect a way of illustrating grammar

I am not a lawyer, but I do have patents. Copyright is a given. Your specific implementation will be copyrighted as will the underlying code. Whether or not your product is patentable is more complex. ...
Eric S's user avatar
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1 vote

What are relevant CPC symbols for teaching methods?

One application I found that is for a teaching method that does not involve a device is US20080038700A1 Method And System For Coaching Literacy Through Progressive Writing And Reading Iterations It is ...
George White's user avatar
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1 vote

Claims/Priority Dates

One patent can have both method and product claims. Method claims can be how to use it, how to make it and also a method a product executes when activated. However, a priority filing that doesn’t ...
George White's user avatar
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1 vote
Accepted

Can I answer a 112 rejection of a method claim by making it less specific?

Can I answer a 112 rejection by making it less specific? Yes, if the claim refers to something specific that is not supported in the specification then amending to a less specific wording that is ...
George White's user avatar
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1 vote
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Can it be patentable?

Can my new idea be patentable? The answer is maybe. You clearly are distinguished from patent PA and as such don't infringe on that patent. What you don't know is whether there is any other prior art ...
Eric S's user avatar
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1 vote

Is it possible to have the total freedom to operate for a method patent?

As we used to say "Do you walk to school or do you carry your lunch?" The question is a non-sequitur. Being granted a patent has absolutely nothing to do with your freedom to operate. Your ...
George White's user avatar
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1 vote
Accepted

Method of fabrication patents, Is it okay to import from abroad?

It is covered by Title 35. PATENTS Part III. PATENTS AND PROTECTION OF PATENT RIGHTS Chapter 28. INFRINGEMENT OF PATENTS Section 271. Infringement of patent (g )Whoever without authority imports ...
George White's user avatar
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1 vote

A dependent claim that modifies just one aspect of the independent claim

You can't remove anything required by a referenced claim but you can add to it or you can narrow it. For example - The method of claim 1 where the hammer used in step b is a claw hammer. Or - the ...
George White's user avatar
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1 vote
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Patent the Code, Software or both?

You don't patent the code or the software, you patent the methodology. I think what you are describing is a novel algorithm applied to solving a specific problem. You can patent those (at least you ...
Eric S's user avatar
  • 11.2k
1 vote

What is a method, what is a system, and what are the differences?

A method is a "process," and a system may be either a "manufacture" or a "machine" under 35 USC 101. The cases addressing the differences and the legal effect of these differences can be found dating ...
ARS's user avatar
  • 11

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