6 votes

Risks of "kitchen sink" disclosures?

Practice differs across jurisdictions worldwide. The idea is the same behind all of them, but usually the tools to analyze enablement are different. I think patent attorneys don't like broad claims ...
chempatent1981's user avatar
3 votes
Accepted

Can a patent drawing have numbers like 6A02, 6A04 etc?

The MPEP says reference characters are preferably numerical. Patent applications do not usually have "chapters" and there is no need to invent a convention like that. As mentioned, even numbers let ...
George White's user avatar
  • 28.8k
3 votes

In a specification, how much detail is necessary to be sufficient instructions?

You are indeed on the right track. For instance, before the European Patent Office (EPO), the legal provision for sufficiency of disclosure is Article 83 of the European Patent Convention: The ...
Extraneous's user avatar
3 votes
Accepted

How to write claim with only novel elements of my invention

Not every feature of your claim needs to be novel It would be a very rare invention that consists entirely of a new thing with no previously existing components. Instead, an invention typically ...
Maca's user avatar
  • 6,178
2 votes

Substitute specification with markings - clean version

The markings do not apply to you if line spacing is the only change to your documents. Submitting the corrected documents and including a note to the examiner about no new matter should satisfy the ...
sverre's user avatar
  • 21
2 votes

What is the current thinking about inclusion of a "Field of the Invention" section?

This answer is not intended to constitute advice (I'm an inventor, not a patent attorney;) but rather provide perspective, based on my recent software patent application, filed in 2016. In drafting ...
DukeZhou's user avatar
  • 761
2 votes

Extracting a detail from specifications of one patent application to create a new patent application

Q. "Can it then be written up as a separate application?" A. Yes. Each of the two regular applications should claim priority to the provisional application which you have already filed. To do that, ...
Riccati's user avatar
  • 469
2 votes
Accepted

"In some embodiments" or "In one embodiment"?

This is my opinion only. I prefer "In some embodiments" over "In one embodiment" because when it comes to the support of a claimed specific combination of features, the ...
the Europeist's user avatar
2 votes

In a specification, how much detail is necessary to be sufficient instructions?

Extraneous's answer is excellent. I'd like to add another aspect. Your objective in obtaining a patent is to protect your invention. To do so requires getting the broadest claims allowable. Indeed, ...
Eric S's user avatar
  • 11.1k
2 votes

Are text and images in the patent copyrighted?

Copyrighted? Yes. Enforceable? Probably not. In the USA, the copyrighted nature of patents and applications for patents would, like anything else, initially depend upon when and how it was created and ...
Upnorth's user avatar
  • 271
1 vote

What is the point of multiple embodiments that are not covered by the claims?

It is desirable to have claims that do not “mention” any embodiment at all. A claim to some core invention that is key to the functioning of many different potential products is desirable. In order ...
George White's user avatar
  • 28.8k
1 vote

What is the point of multiple embodiments that are not covered by the claims?

The point of the entire specification is to support the claims. However, the claims of the initial filing may need to be edited and narrowed in order to get granted. This is extremely common. Thus you ...
Eric S's user avatar
  • 11.1k
1 vote

Rules of thumb for sorting content into Specification vs Claim

The specification explains the invention with detail and with multiple embodiments and variations on those embodiments. It does not necessarily single out the novel aspects from the rest of the ...
George White's user avatar
  • 28.8k
1 vote

Should I use "subembodiments" or still "embodiments"?

The term subembodiment is very uncommon and could lead to objections if the examiner does not understand what it means. Every possible combination of features you want your disclosure to include is an ...
the Europeist's user avatar
1 vote
Accepted

If I say "the at least one" in the Claim, do I have to call it that in the Summary also?

I write a summary - if at all - like a normal person.
George White's user avatar
  • 28.8k
1 vote

Describing your own prior art in specs for a CIP

Explaining the new applications relationship to a previous application of yours is much more likely to hurt than help. It would be cited in the first sentence of the application as "The current ...
George White's user avatar
  • 28.8k
1 vote

Can a patent drawing have numbers like 6A02, 6A04 etc?

The more complicated we make to understand drawings then there are high chances that even the examiner will get confused and issue an office action on it. The basic necessity of patent application is ...
Tara Reddy's user avatar
1 vote

What does it mean to 'recapture' information from a PCT application?

I am not a US expert so I hope someone else will pop-in as well to add more info. But in a nutshell, there is a linkage between the date you disclose something and the disclosure itself and it is ...
chempatent1981's user avatar
1 vote
Accepted

Can I copy parts of applications that are not specific to the invention?

Can I copy parts of applications that are not specific to the invention? Probably, but maybe not. The key issue comes down to whether your copying would infringe the original author's copyright. ...
Maca's user avatar
  • 6,178
1 vote

Patent Drafting Method: Pros & cons of drafting claims and converting claims to descriptions

Many practitioners draft claims before drafting the specification. When you think about claiming you think broadly. If you start the specification first you are likely to start, and possibly end, with ...
George White's user avatar
  • 28.8k
1 vote

"Undue experimentation" - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?

Especially in light of the fact that the inventor, if enablement is taken into account, must be in full possession of the exact recipe for at least one embodiment. Not necessarily. An example of the ...
bta's user avatar
  • 389
1 vote

Are text and images in the patent copyrighted?

With apologies to the OP's narrow original question, given that questions involving distinct legal issues and non-US jurisdictions are being closed as duplicates, there are some points that I think ...
Samuel Henderson's user avatar

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