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3 votes
Accepted

Full Scope Non-Obviousness?

I agree with Maca that, by definition, if any specific example that falls under the scope of a claim is obvious, the claim is obvious. Examiners do not need to find "full scope" obviousness, ...
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  • 25.4k
3 votes

What is the scope of US D680,805 "Wide mouth flask"?

As described and shown in the patent, the design also covers the top shape and relative dimensions of the flask. In order to be infringing on the design, a bottle would need to be extremely similar in ...
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  • 1,735
2 votes

Avoid infringement by replacing a specific component

Simply put, a specific minor change MAY avoid infringement. There's something in the United States called the doctrine of equivalents that gives patentees protection that is broader than the literal ...
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2 votes

Sufficiency of disclosure (enablement, written desc) for genus claims?

In the US case, I would also like to add that reverse doctrine of equivalents (DOE) may apply as implicit claim scope limitation. Reverse DOE essentially says literally infringing structure may not ...
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2 votes
Accepted

Sufficiency of disclosure (enablement, written desc) for genus claims?

Are such broad claims invalid when an unenabled/non-writtenly-described embodiment is identified? Yes. The written description requirements in the US and EPO require that the invention must be ...
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  • 6,103
1 vote

Is the goal of a patent claim to have as few elements as possible?

I don't want to sound negative, but it's usually unhelpful to treat the goal of patent-claim design by analogies that look like a mathematical exercise in something like set theory. The business goal ...
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  • 186
1 vote

Is the goal of a patent claim to have as few elements as possible?

Is the goal of a patent claim to have as few elements as possible? Actually what is important is a claim set. In a set of claims each claim is doing a different job. Certainly there should be a claim ...
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1 vote

Is the goal of a patent claim to have as few elements as possible?

In general you always want the broadest claim coverage possible. So yes, if you can get a claim allowed for elements A and B instead of A, B and C you would do so. However, the invention must be ...
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  • 9,074
1 vote

What are they patenting on this product

As you just found, using www.google.com/patents is unreliable when searching patents. You can find a better version at patents.google.com and even better at The Lens. In any case, this is a patent ...
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  • 9,074
1 vote

Avoid infringement by replacing a specific component

It depends on what you meant by unthreaded nut. If your nut has two notches that engage with a threaded element, then the patentee might argue that it is a partial thread. If your nut is, say, a snap-...
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  • 576
1 vote

Can a similar product be made?

A design patent such as this one protects an ornamental design; or, roughly speaking, what something looks like. It is the entire design, not just one part of it, that matters. A product that looks ...
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  • 471
1 vote
Accepted

Scope of a worldwide grant?

In short an assignment of IP rights with scope of worldwide means that all rights of IP are assigned to second party. Further it also comes to specific clauses of assignments which can restrict to ...
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  • 2,075

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