Intellectual Property Forums - Claiming a subjective property

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   Patent Filing and Prosecution (Moderators: Forum Admin, JimIvey, JSonnabend)
   Claiming a subjective property

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Topic: Claiming a subjective property (Read 539 times)

Phoebe
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Claiming a subjective property
« on: Aug 18^th, 2006, 8:42am »

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I have a client who wants to claim a subjective property that is measured in practice on a subjective scale of 1 to 10. They want a claim to a method of selecting something that has this subjective property. I am not sure than this can be done to get around the indefiniteness rejections. Any suggestions would be appreciated - Huh

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JimIvey
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Re: Claiming a subjective property
« Reply #1 on: Aug 18^th, 2006, 9:36am »

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Subjective as in assessed by a person? My guess is that the property is tied to something, and that characterizing that something in the claims is all that's required. Here's a shot in the dark:

Receiving information from a human patient assessing the property from the perspective of the human patient; and
modifying element (a) in accordance with the information.

Of course, that's rough and off the top of my head, but it may give you ideas.

Good luck.

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James D. Ivey
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Wiscagent
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Re: Claiming a subjective property
« Reply #2 on: Aug 18^th, 2006, 9:37am »

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I’ve seen patents wherein the specification defines a test method for a subjective property in a way that makes it more objective. You can take a property such as odor or softness and develop a test. Also in some doctors’ offices I have seen charts that assign numbers to how tired or how much pain the patient is experiencing.

If you’ve got a well written test method and some test data to support your claims it may work. Ideally you can demonstrate that the test is reproducible, and uses standards that will be available some years in the future.

In the United States claims of these sort have a much better chance of passing muster than in Europe. Try doing a search for US Patents with claims that use words such as soft or strong or colorful.

Richard Tanzer

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Richard Tanzer
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