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 ...
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4 votes

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

The USPTO tries to follow the law and the rules. To show a person skilled in the art how to make and use an invention doesn't mean you need to give them production blueprints - especially in the "...
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  • 25.4k
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 ...
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  • 25.4k
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 ...
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  • 6,103
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 ...
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  • 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 ...
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  • 751
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, ...
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  • 471
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 ...
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  • 261
2 votes

Are text and images in the patent copyrighted?

For UK patent and patent application specifications published on or after 1 August 1989, copyright remains with the applicant or proprietor (apparently regardless of who drafted the application). (...
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  • 21
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.
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  • 25.4k
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 ...
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  • 25.4k
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 ...
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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 ...
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  • 25.4k
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 ...
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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 ...
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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. ...
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  • 6,103
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 ...
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  • 25.4k
1 vote

Are claims part of a specification?

Yes, they are, and are used like you have mentioned. The most direct answer to your question is in the MPEP (here): The claims as filed in the original specification are part of the disclosure and, ...
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  • 218
1 vote

Reply to office action scope

The specification, and not the original claims limit the available subject matter of amended claims. Therefore, new claims may be submitted as long as (per above) no new matter is introduced.
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  • 11
1 vote

What exactly is the patent on?

This is a design patent, so it's a patent that protects the appearance of this "peanut butter jar" with a tear-off strip in the middle. It doesn't protect a label that rips in the middle of the jar, ...
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  • 171
1 vote

What exactly is the patent on?

Design Patent Claims:- ornamental design for a peanut butter jar. in my opinion It has something to do with opening of Jar with tear strip seal if it has been opened label will rip off. I tried to ...
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  • 2,075
1 vote
Accepted

Patent specification page layout

Do not use the second format. That is the way the U.S. patent office formats it when they print it, not the way any patent office wants to get it from you. WIPO's format requirements are in the PCT ...
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  • 25.4k
1 vote

Defining broadest term for claiming

In this framework example XYZ is a result. Results are not patentable but methods of achieving results can be patentable. Some claims are independent claims which means they stand alone and do not ...
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  • 25.4k
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 ...
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  • 389
1 vote

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

George White has the key - because it all relates to 'a person skilled (or of ordinary skill) in the art' - the famed and elusive "POSITA." In other words, a person of ordinary skill in the field of ...
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  • 218
1 vote

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

"Why does the patent office not stipulate this to be, say, 1 week?" Short answer: because the patent office doesn't make the rules; the patent office merely follows the rules written by Congress and ...
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  • 539

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