Claiming Variations Limited to the Written Description
Once a patent application is filed, it receives a priority date for all that it discloses and nothing more. The inventor can claim anything within the disclosure as being a part his or her invention. If the inventor wants to claim an invention that varies from the disclosure, then the claim language must be generalized so as to encompass the variation but cannot be shifted unless the original disclosure provides “written description” of the claimed variation. Otherwise, the claim will be invalid for lack of “written description” in the specification.
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Public Use Bars Patent Protection Unless Such Use is an Experiment
Under U.S. patent laws, a patent application must be filed within one year of first publicly using the invention, offering the invention for sale or distributing a printed publication. The following case illustrates an example of a device that was not used in public view but still considered to be a public use. In New [...]
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