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7 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....
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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 -...
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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 ...
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3 votes

A patent with both apparatus (i.e. system) and method?

It is a good practice to include multiple independent claims of varying type (system, method, means etc) in a patent application. One should not restrict the invention by claiming it in only one form. ...
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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 ...
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3 votes

How to Use Patented Method Without Infringing?

Unless you are doing all of the steps of a claim you are not infringing it. Claim 1 of US8568309 requires putting voltage through a test strip, and getting readings from 3-axis accelerometers to ...
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3 votes

Patenting a method using just flow charts

I am assuming that you intend to include a detailed description, and only flow charts as drawings. If this is case, then yes, only flow charts can be included as drawings. On the other hand, if you ...
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2 votes
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role of "processor" in software method claims

Assuming this is in the U.S., start with only "a computer implemented method" because it's broader than reciting that a processor performs the steps. Better yet, simply recite "a method" (which is ...
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2 votes

Advice and Clarification on Method claim

WO2014201088A1 is not a patent. It is a published international application, which can never issue as a patent. It has entered the national stage in the US as Application No. PCT/US2014/41863, and is ...
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  • 491
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 ...
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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 ...
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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. ...
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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 ...
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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, ...
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1 vote
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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 ...
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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 ...
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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 ...
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1 vote
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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 ...
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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 ...
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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 ...
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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 ...
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  • 11
1 vote

Understanding divided infringement in method claims

Divided infringement? I'm having a hard time seeing how these claims even fit into a statutory class. A method (or process) must comprise steps or acts to be carried out. "a customer sending an ...
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1 vote

role of "processor" in software method claims

Firstly it depends on your definition defined in specification and limitations associated with it. Based on State of the Art and judicial claim construction i believe "computer-implemented method" ...
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  • 2,125
1 vote

If I claim a specific method in a utility patent, do my more general methods also get protected?

Registered patent attorneys and agents include in just about every patent application a number of narrower (dependent) claims, which incorporate by reference and layer additional elements or further ...
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1 vote

If I claim a specific method in a utility patent, do my more general methods also get protected?

Attorney and Inventor can draft broader claims provided it has sufficient basis in description, have novelty and non-obvious. Broader claims provide the inventor with a more valuable patent. ...
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  • 2,125
1 vote

Patenting a method using just flow charts

In the U.S. we have something called the "written description requirement", so no. In general the patent application needs to teach "how to make and use" the invention.
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1 vote

How to Use Patented Method Without Infringing?

If I understand your question correctly you should be able to find all the information on that topic here: http://www.nolo.com/legal-encyclopedia/improvement-patents-new-use-patents-30250.html
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