Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: "an embodiment" or "one embodiment"?  (Read 1214 times)

patentwind

  • Junior Member
  • **
  • Posts: 45
    • View Profile
"an embodiment" or "one embodiment"?
« on: 01-13-09 at 01:32 am »

if there are differences between "an embodiment" and "one embodiment"?
I found some specifications include both "an embodiment" and "one embodiment" therein. In what situation "an embodiment" and "one embodiment" are suitable to be used?

Thanks!

Logged

ababab

  • Full Member
  • ***
  • Posts: 103
    • View Profile
Re: "an embodiment" or "one embodiment"?
« Reply #1 on: 01-13-09 at 11:20 am »

They are pretty much the same.  Both are better than "the embodiment" or similarly restrictive choices.
Logged

JimIvey

  • Forum Moderator
  • Lead Member
  • *****
  • Posts: 5413
    • View Profile
    • IveyLaw -- Turning Caffeine into Patents(sm)
Re: "an embodiment" or "one embodiment"?
« Reply #2 on: 01-22-09 at 04:07 pm »

I agree -- no meaningful distinction there.

I used to use "some embodiments" because, for any given implementation detail, there would be numerous permutations including that detail.  For example, "in some embodiments, the network communications protocol is the HTTP protocol" because there would be many embodiments in which other parameters would vary.  Now, I think there are other things more important to worry about.

Regards.
Logged
--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Friends don't let friends file provisional patent applications.

jc4patents

  • Senior Member
  • ****
  • Posts: 143
    • View Profile
Re: "an embodiment" or "one embodiment"?
« Reply #3 on: 01-22-09 at 06:07 pm »

In general, you want to craft the specification of a patent to imply that there
are numerous possible embodiments of elements recited in the claims so that there
is no basis for restricting the breadth of those elements but, rather, the language of
the specification enhances that breadth.

My practice, when describing, for example, a specific amplifier structure that is shown
in the drawings, is to say this is an embodiment of the amplifier. If there is shown another
embodiment, then say this is yet another embodiment. I believe this is a bit better than saying
one embodiment, two embodiment, and so on.

However, the choice between "one" embodiment and "an" embodiment is not the goal to be
concerned with but, rather, make sure that the language you use implies that there are many possible embodiments of the claimed element and that the one (or ones) shown is but a selected one of those.
Logged
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.226 seconds with 17 queries.