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relationship between claims and embodiments

Q: Which component is decided first, the claims (scope) or the embodiments? A: In the end it doesn't really matter much, because the main aim is something else. If you have a valuable invention on ...
terry-s's user avatar
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3 votes
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Utility vs Design Patent as fast mean to secure IP rights

A US design patent is less expensive and much quicker than a typical US utility patent. The European counterpart (Community Design Registration) is easier and faster and with no examination. However ...
George White's user avatar
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3 votes

If a patent application exists can I develop an implementation and post it online?

The most important part of the patent application is at the end. The end includes a list of claims that act as a "fence" that protects their IP. However, keep in mind that you are reading ...
John Bednarz's user avatar
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MPEP and Case Laws

Besides copying and pasting, they work in modest sized art units and often further specialize within an art unit. If you see laser printer power supplies all day every day you probably get pretty good ...
George White's user avatar
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Outcome of referencing earlier patents in your patent application

The document you linked is only an application. the associated US patent is US9513771B2. This patent is not assigned to Microsoft instead it is owned by WIXCOM Ltd. Whether or not you owe royalties ...
Eric S's user avatar
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2 votes
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Idea for Software - Should I file Patent first

Unfortunately there is no way for me to tell you if your idea is patentable. To do so would required disclosure of the idea and you can't do that publicly without losing the ability to patent. What I ...
Eric S's user avatar
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New data visualisation - Design or Utility patent

This is an answer assuming US patent law. A design patent is for the ornamental appearance of an item of manufacture. An example would be a vase with a specific color, shape, and artistic design. You ...
George White's user avatar
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Patent software workflow (yet to have implementation)

No, a patent application does not need to be detailed to the level of source code. Most patents involving software do have multiple sheets of flowcharts. The specification usually talks about each box ...
George White's user avatar
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2 votes

Should I file a design patent on a different embodiment of a utility patent?

Design patents cover the ornamental aspects of an object. If a shape has functional properties it can't be covered by a design patent. This is a complex area where judges try to separate the ...
George White's user avatar
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Basic Premise Of A Utility Patent

Isn't the basic premise of a utility patent to be unique and at the very least show innovative improvements over prior arts and usefulness in the current arts? No. The patent system exists to ...
Maca's user avatar
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Can an individual applicant assert micro entity status for their 6th patent if they asserted small entity status on their 4th application?

NO - one is not entitled to a certain number of micro-entity filings. The section of the form one must sign - 1.27. (2) APPLICATION FILING LIMIT – Neither the applicant nor the inventor nor a joint ...
George White's user avatar
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Invention that has no useful purpose on its own

You can possibly patent X as being useful to combine with Y and visa versa. The "useful" criteria is a very low bar as long as you are not talking about something that might be seen as ...
George White's user avatar
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In a utility application, does the applicant put in arguments for usefulness, novel, and non-obvious?

No to the question in the title. The application presents and explains the invention and its features and operation. The examiner makes a rejection on some grounds and the applicant brings forth data (...
George White's user avatar
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2 votes

Stealing parts of an invention

If the manufacturer of one or both components markets either or both of these components as able to be assembled to comprise the patented innovation, the patent holder can sue that manufacturer for ...
Andreas ZUERCHER's user avatar
2 votes

relationship between claims and embodiments

Before you get to the drafting stage you need to understand the aspects of your invention that are new and provide valuable benefit to a user/customer. If a competitor made a similar product without ...
George White's user avatar
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1 vote
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What is the jurisdiction of this patent KR101682440B1

A Korean patent jurisdiction covers Korea. You can't sell, manufacture or import the technology covered by this patent in Korea. All patents are effective only in the country they are issued from. ...
Eric S's user avatar
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1 vote
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Stealing parts of an invention

If you patent the combination of the two items and others sell a a part with no general use other than to be combined with something else then they are probably indirect infringement. Especially if ...
George White's user avatar
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1 vote

Invention that has no useful purpose on its own

It is a fundamental requirement (at least in the US) that a patented process or device be useful. So if the part truly has “no useful purpose” than the answer is the part is unpatentable by itself. ...
Eric S's user avatar
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1 vote
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How to sell or license out your invention before your patent is approved?

Licensing questions are generally off topic. That said, you can absolutely try to sell or market your invention while the patent is pending. This is done all the time. Patents go to the first to file ...
Eric S's user avatar
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1 vote

If a patent application exists can I develop an implementation and post it online?

With regards to your second question: apply for a patent my own work and being more narrow? (narrow the scope of the technologies used and scope of the invention) If your invention is a patentable ...
Eric S's user avatar
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1 vote
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Ambiguously worded patent claim

"About" is found in many claims, including range claims like the one you point out. There is a very rich case law and commentary about "about". The first issue would be the meaning ...
George White's user avatar
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1 vote
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Non-novel/non-inventive patent of subcomponent of device that was already previously patented?

I see that the patent US 10561392B2 claims " . . . a miniaturized rectangular prism having at its bottom side two slots for passing two scanning laser beams and two visible light beams to two targeted ...
George White's user avatar
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1 vote
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What is the meaning commas in a claim? Do commas limit the list?

a tool, comprising: an X, having an X 1 edge, an X 2 edge, an X first face, an X-second face, an X distal end, an X proximal end attachable to a handle; and a Z guide marking on the X first face that ...
George White's user avatar
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1 vote

What are the decision points associated with filing a USPTO NPA?

EFS-Web is not very user friendly. You probably already looked at the USPTO's guide to EFS-Web. I don't think the EBC Help Desk people - who are very patient and helpful, will be much help with actual ...
George White's user avatar
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1 vote

Claim Interpretation 35 USC 112

My answer is a no as per MPEP the claims even MPF must also satisfy the requirement of disclosure i.e., 112(a). MPEP 2103.I.C which states "Examiners should begin claim analysis by identifying ...
RishiM's user avatar
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1 vote

File one patent or many patents?

I’ll start with a statistical answer. Each patent you file has a certain chance of being rejected, which can be a long drawn out process and you might give up. So if you file several patent ...
tilnow's user avatar
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1 vote

Idea for Software - Should I file Patent first

If your question is "can I get a patent" you would need to talk to a patent attorney. If you question is "do I want a patent" the answer depends on your motivation for getting a patent. If you hope to ...
BobtheMagicMoose's user avatar
1 vote

If I have a patent in china, can I also apply for a US patent?

If you have 5 years left, that implies that the application date of your Chinese patent was 15 years ago. In that case, you are too late to obtain another patent for the same invention in another ...
Maca's user avatar
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1 vote

Am i infringing on this existing patent? i have build something based on existing patent ( improved)

The cited patent is a design patent. It covers the ornamental design of a functional object. Your question isn't very clear in that I'm not sure what is being communicated by the second link. Is that ...
Eric S's user avatar
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