7
votes
Accepted
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....
- 25.6k
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 -...
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 ...
- 1,299
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. ...
- 636
3
votes
Accepted
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 ...
- 25.6k
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 ...
- 25.6k
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 ...
- 776
2
votes
Accepted
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 ...
- 424
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 ...
- 491
2
votes
Accepted
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 ...
- 25.6k
2
votes
Accepted
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 ...
- 7,043
2
votes
Accepted
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. ...
- 1,942
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 ...
- 25.6k
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, ...
- 305
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 ...
- 25.6k
1
vote
Accepted
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 ...
- 9,712
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 ...
- 25.6k
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 ...
- 25.6k
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 ...
- 25.6k
1
vote
Accepted
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 ...
- 9,712
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 ...
- 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 ...
- 1,013
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" ...
- 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 ...
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. ...
- 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.
- 25.6k
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
Only top scored, non community-wiki answers of a minimum length are eligible