The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Feb 18th, 2020, 5:08am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
  
  
Patent Filing and Prosecution
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Method Claims and Divisionals
« Previous topic | Next topic »
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Method Claims and Divisionals  (Read 1147 times)
Isaac
Senior Member
****




   


Posts: 3472
Re: Method Claims and Divisionals
« Reply #5 on: Oct 11th, 2007, 2:15pm »
Quote Quote Modify Modify

on Oct 11th, 2007, 12:45pm, pentazole wrote:
You know what I mean?  Basically just because the product is novel, the method of making it doesn't necessarily have to be novel, but it can.

 
I'm struggling with this a bit.  If the product is novel, there has to be a way of reciting a method of making the product that is also novel.  
 
IP Logged

Isaac
pentazole
Full Member
***




   


Posts: 197
Re: Method Claims and Divisionals
« Reply #6 on: Oct 11th, 2007, 5:43pm »
Quote Quote Modify Modify


 
on Oct 11th, 2007, 2:15pm, Isaac wrote:

 
I'm struggling with this a bit.  If the product is novel, there has to be a way of reciting a method of making the product that is also novel.  
 

 
Ok I'm not being too concise here since I'm not prosecuting anything and I'm being a bit abstract =)  What I mean, if making AB is by mixing A with B, then mixing A with B is novel, since A and B (presumably) haven't been mixed before, but the actual means of mixing are common knowledge.  In this case, a method claim will most like not get restricted.
 
If however, the means of mixing A with B are also novel, then the generic method of mixing A with B may not get restricted, but if you start getting into the process in more detail and it's quite clear that the process which comprises means of mixing A with B and said means are novel, then it will most likely get restricted as being a separate invention, and I think it's to your advantage to have it as a separate divisional patent.
 
Does that make more sense?  Been a long few weeks.
 
IP Logged
PP
Guest
Re: Method Claims and Divisionals
« Reply #7 on: Oct 12th, 2007, 3:13am »
Quote Quote Modify Modify Remove Remove

on Oct 11th, 2007, 2:15pm, Isaac wrote:

 
I'm struggling with this a bit.  If the product is novel, there has to be a way of reciting a method of making the product that is also novel.  
 

 
True. But such a method claim would be redundant considering that it would not extend the scope of  protection any further.
 
 
IP Logged
TataBoxInhibitor
Full Member
***




   


Posts: 456
Re: Method Claims and Divisionals
« Reply #8 on: Oct 12th, 2007, 7:16am »
Quote Quote Modify Modify

on Oct 12th, 2007, 3:13am, PP wrote:

 
True. But such a method claim would be redundant considering that it would not extend the scope of  protection any further.
 
 

 
I think that is a general statement, I think in some cases it is possible to draft a method that extends into area the apparatus does not.
 
Also, in the infringement context, 271g is a provision that is not implicated without that method.
 
Regards,
 
IP Logged
Pages: 1 2  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright © 2000-2004 Yet another Bulletin Board