How to write an independent patent claim

The rules were never enacted, but they provide some useful guidance on the sorts of problems which the USPTO is concerned about. We do not recommend the use of multiple dependent claims. The reason for having a series of claims like this is that if the patent owner ever sues for infringement, he wants to be able to use the biggest base for calculating royalties, and the hope is that since motor vehicles cost more than fluid couplings, that the damages will be larger for infringing a claim directed to "a motor vehicle" than one directed to "a coupling".

Should the Star Play the role. Form of Claims The claim or claims must commence on a separate sheet and should appear after the detailed description of the invention.

Just How Broad Will My Patent Protection Be?

A computer storage medium having a configuration that represents data and instructions which will cause at least a portion of a multi-level computer system to perform method steps for managing courseware in a shared use operating environment, the shared use operating environment including a server and a client connectable by a network communications link to the server, the method comprising the steps of: History[ edit ] Patents have not always contained claims.

So having a handful of very specific claims that narrowly cover the primary commercial embodiments is always advisable. Elliott January 8, Second, each of these dependent claims refers back to claim 1, which is an independent claim.

I really wish that you would gain some minimal appreciation of law in dealing with patent law issues. If a dependent claim is specifically drawn to a narrower interpretation, then, at least in the U. The reason you fall back to the wagon claim, is that you have nothing else to fall back to.

I have seen numerous patent applications where the first independent claim is far too broad not to be blanketed by prior art, and the novelty lies buried down in the dependent claims. I have read Patent applications drafted in varying shades of quality — some are lucid, some appear to make a deliberate attempt at obfuscation.

In many cases, claims are typographically broken out in outline form, to make reading the claim easier - although it is not uncommon to find a claim which is presented as a run-on sentence half a page long. A process for attaching removable, self adhesive hair extensions to the head of a user, which comprises the steps of: While still acceptable, this claim style is seldom used in the U.

Dependent claims refer back to the invention, which in this case is a headgear. This appears to be a perfect fit for one who can fully access the mere workshop variations without more. Claims to methods would be written in the same way as the apparatus claim above, except that each of the elements would be a step, usually starting with a verb: He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software and computer related innovations.

No wonder why we seem to butt heads often — you are intent on not understanding the legal dimension of a legal document.

Brown & Michaels

A motor vehicle according to any of claimsin which the body is painted red. Anon July 16, 2: Currently, the mfg who has expressed interest has me on hold until Spring.

Patent Claim Drafting 101: The Basics

Incidentally, they also have the potential to render the subject matter of the independent claim, thus construed, non-enabled. The University of Phoenix, Inc.

Just How Broad Will My Patent Protection Be?

Again, the shared common capability is having the encyclopedic recall of the very thing you wish to exclude. With that said, teaching an understanding of patents may be a well intentioned goal.

Put another way, each dependent claim has the same coverage as an independent claim which is made up of the claim plus all of the claims upon which it depends, back to an independent claim. In this form, everything before the "in which the improvement comprises" is admitted to be prior art for the purposes of this claim, and everything after the phrase are considered to be the novel elements of the invention.

Anon July 14th, 8: Independent claims are typically written with broad terms, to avoid permitting competitors to circumvent the claim by altering some aspect of the basic design. Here, the invention was characterized by the use of super-absorbent material as used conventionally in female hygiene devices.

Claim 2 only adds limitation without benefit. Very inspiring to know you figured it out and received a granted patent for your client. Patent Application Tips Tips on writing patent claims for a patent application. Share Flipboard Email Example of a Patent Claim One way of ensuring that specific inventive features are included in several or all claims is to write an initial claim and refer to it in claims of narrower scope.

Independent and Dependent Patent Claims Patent are usually made up of independent and dependent claims. One claim is stated as broadly as possible (the “independent claim”) and then followed successively with narrower claims designed to specifically recite possible variations (“dependent claims”).

Claims are numbered sequentially, with claim 1 usually being the broadest claim in the patent (but not always), and the sub-parts of a claim are often identified by an outline letter or number.

Claims are of two basic types: Independent and Dependent. Patent Application Tips Tips on writing patent claims for a patent application. Share Flipboard Email Example of a Patent Claim One way of ensuring that specific inventive features are included in several or all claims is to write an initial claim and refer to it in claims of narrower scope.

WIPO Patent Drafting Manual E-STL-INT__E-STL-PDM Page1. Claim Punctuation 5. Proper Antecedent Basis 6. Reference Numerals and Bracketed Expressions agents” or “patent engineers” write patent applications and file them with government authorities because.

Patent Claim Drafting The Basics. By How to Write a Patent Application the patent will issue with an independent claim narrower in.

Sample Patent Claims for Common Inventions How to write an independent patent claim
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