How to write a method patent claim

A widget made by the method of claim 1. For example, suppose your invention is an improved spring for an automobile suspension, in which the novelty is that the spring is made of reticulated turbonium an imaginary substance having superior qualities.

So what you want to do is focus on the first rule of claim drafting I explained above, make sure the claim delivers on what you say the invention is. If the answer is "no, but the invention works better with this element or limitation", put it in a dependent claim.

How many is "many", how few is "few"? This is one of the best reasons for having a patent attorney review your claims at the very least - better yet, to have a patent attorney write them in the first place.

Drafting Patent Applications: Writing Method Claims

So, in other words, claim 2 and claim 3 each add something. Reading and understanding the claims of a patent is the key to determining if a given product or process infringes the patent. Monkey wrenches with worm gears were known before your invention, so you need the narrowing word "pinion" to make your wrench patentable.

The same is true of many products - but the generic description would remain the same. Thus, if you are going to move forward on your own you really must seek the available tools out there to facilitate do-it-yourself efforts.

A widget comprising at least three gronkheisers, a portoflan armature having a length of meters coupled to the three gronkheisers, and a nylon webbing surrounding the gronkheisers. If you need to mention the result to make the novelty or application clearer, you do it by defining the invention first, perhaps defining the application in the claim preamble, then saying "such that Previously, in Drafting Patent Applications: A medicine cabinet, comprising: The widget of claim 1 in which the portoflan armature is made of polypropylene.

Don't mix them up.

Brown & Michaels

It might seem broader in the short run to claim "a rack and pinion", instead of "a monkey wrench comprising a movable jaw with a rack, and a rotatable pinion gear engaging the rack," but that would be counterproductive.

Analogously, in the case of a "method of manufacture", i. Method or process claims are relatively easy to write once you know what the core invention is and what is necessary to be included in the claim in order to overcome the prior art.Brown & Michaels Pitfalls and Traps in Claim Drafting or, "So you want to write your own patent?" First, we have to give the usual disclaimers - imagine a banner is appearing across your monitor, (method claim) A method of spreading methlyene blue comprising the steps of.

Preamble. All claim begin with a preamble. The preamble often states whether the invention is an apparatus, a method or an improvement.

Patent Claim Structure

For example, the preamble of an independent claim to a camera lens might read "An apparatus for visualizing an image" or "A method for generating images" or "An improved method for generating images.".

Software Patents: Claiming as a METHOD vs as a SYSTEM? I still wonder why so many attorneys only write software method claims and do not bother with system claims. – stackonfire Oct 29 '13 at 1. Sometimes you see patent applications with a claim of the form "method for foobarbazzing", and further down a claim of the form.


Sample Patent Claims for Common Inventions

2. The method of claim 1 further comprising preheating the oven. 3.

Sample Patent Claims for Common Inventions

The method of claim 1 wherein the mixing step is accomplished by using an electric mixer. 4. The method of claim 2 wherein the mixing step is accomplished by using an electric mixer. Notice here that we are adding to the base claim, claim 1. In claim 2 we add another step.

Ultimate Cheat Sheet for Drafting Software Patents – Patent Application Writing Guide

It is possible to write claims which are a mixture of method and apparatus: A widget made by the method of claim 1. A method of using the widget of claim 10, comprising the steps of Many Examiners will not accept mixed apparatus and method claims, others will.

It's best not to confuse things.

How to write a method patent claim
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