An apparatus claim is a claim directed to a product. A method claim is directed to the steps of a process. All claims are either apparatus or method claims. For example, a software claim is a type of method claim unless it is directed to the system then it is an apparatus claim. A product claim is an apparatus claim. A chemistry claim is an apparatus claim unless it … [Read more...]
Patent infringement
Patent infringement occurs when a person directly infringes a patent or indirectly contributes or induces another party to infringe the patent through the manufacture, use, offer to sell, sale or importation of a product covered by a patent claim into the United States.
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What is an independent claim versus a dependent claim?
A set of claims of a patent or patent application will have independent and dependent claims. An independent claim is a claim that does not depend on another claim. A dependent claim is a claim that depends on another claim. The independent claim is broader in scope compared to a dependent claim. A claim set can have one or more independent and dependent claims for the … [Read more...]
What does broadest reasonable interpretation mean?
The Broadest Reasonable Interpretation (aka BRI) means that the words of the claim are given their plain meaning unless such meaning is inconsistent with the specification. In practice, the broadest reasonable interpretation means that words can be construed as broadly as the examiner wants unless such interpretation is nonsensical. What is an example of the broadest … [Read more...]
What does “point of novelty” mean?
"Point of novelty" refers to the features of the product or process which is different from the current state of the art (i.e., prior art). It goes further than just identifying the new aspect of the invention. Rather, point of novelty refers to the new functional feature believed to be patentable and worthy of the time and costs to obtain a patent. For example, each year a … [Read more...]
How To Write a Claim for Your Patent Application?
Note: This article is part of a series on how to write a great patent application.Writing a claim for a patent application is a difficult task to do well. Many factors go into it:Who are you trying to target for infringement (e.g. manufacturers, users, third-party component manufacturers)?Which aspect of the invention do you claim?Do you present a claim that is narrow to … [Read more...]
Basics of Patent infringement
Patent infringement can be classified under various terms, including: Direct Patent Infringement: Occurs when someone makes, uses, sells, offers to sell, or imports a patented invention without authorization. Direct patent infringement can be established by proving literal infringement and infringement under the Doctrine of Equivalents. Literal Infringement: Happens … [Read more...]
What is a patent claim?
A patent claim defines the invention being protected by a patent or sought after in a patent application. The patent owner can look at their patent claims and determine whether their competitors are infringing on their patent. Competitors can review the claims to determine whether they are infringing on the patent and how to avoid infringement. Let's discuss the basics of a … [Read more...]
How much does a design patent cost?
A design patent will cost $1,950 to $5,500. Initially, the design patent application will cost $2,000 to $3,500. After submission, examination costs and issue fee will be $1,000 to $2,000. What are the costs for a design patent?The costs of a design patent consists of attorney fees, UPSTO costs and drawings costs. Attorney fees:$1,200 - $3,000USPTO filing fee and issue … [Read more...]