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Author Topic: Claim drafting  (Read 735 times)

Patentstudent

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Claim drafting
« on: 02-06-12 at 02:12 am »

I have a question about claim drafting.
Let’s assume that I have an invention comprising a device to connect iron bars with each other without having to weld them.
The device in its basic form to connect two iron bars with each otrher comprises a main body A and a clamp B.
However,  I can also connect three iron bars with each other by using two main bodies A and one clamp C, which is basically a variant of clamp B, with two clamping ends unlike clamp B that has only one clamping end.
What is the best way to claim this invention in order to cover both the embodiment to connect two iron bars with each other and the embodiment to connect three iron bars with each other?

Thank you in advance for your replies.       
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klaviernista

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Re: Claim drafting
« Reply #1 on: 02-06-12 at 10:00 pm »

What is the best way to claim this invention in order to cover both the embodiment to connect two iron bars with each other and the embodiment to connect three iron bars with each other?

This smells like homework, so I will give you a hint.  Consider the phrase, "at least one."

Good  luck,

Klav
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Patentstudent

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Re: Claim drafting
« Reply #2 on: 02-07-12 at 12:25 am »

Klavernista, thank you for the hint. I got it.

I am not a student in the sense of a person studying to pass a formal exam. So, this isn't homework.  :D
 
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klaviernista

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Re: Claim drafting
« Reply #3 on: 02-07-12 at 07:16 am »

Klavernista, thank you for the hint. I got it.

I am not a student in the sense of a person studying to pass a formal exam. So, this isn't homework.  :D

Glad you figured it out.  And sorry to give you a hard time about the "homework" aspect.  I teach patent prosecution at a law school, and it frustrates me when my students ask for the answer to a claim drafting problem rather than struggle through it.  Claim drafting is very much an art, and there is no one "right" way to draft a claim.  In my opinion, the best way for someone to learn claim drafting is to have them struggle with producing a claim set on their own, and then compare and contrast their claim set with claims produced by others of greater and lesser experience. 

In your hypothetical, a claim that would cover both embodiments could read,

1.  A device to connect multiple elements, comprising a body and at least one clamp.

You could also claim the device functionally, though doing so raises some issues:

1. A device comprising a body and at least one end connector configured to connect at least one first element to at least one second element.

You could claim the system as connected by the device, but doing so would mean that you would need to enforce the patent against the party that connects the device and the elements together, e.g., your customer, rather than the producer of the device.

1.  A system comprising a coupling mechanism connecting at least one first element to at least one second element, wherein said coupling mechanism comprises a body and at least one fastener.

I'm sure if you take a few minutes, you will realize that it is possible to claim the device in numerous other ways that vary from one another in scope, enforceability, and clarity. 

Good luck.

Klav


« Last Edit: 02-07-12 at 07:18 am by klaviernista »
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Patentstudent

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Re: Claim drafting
« Reply #4 on: 02-07-12 at 08:52 am »

Klavernista, thank you again. I agree with you that the best way to become better at claim drafting is by doing so.

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BobRoberts

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Re: Claim drafting
« Reply #5 on: 02-08-12 at 10:30 am »

Just a thought: you may be able to draft a dependent claim to further specify how clamp b is clamp c...

1.  An apparatus for (weldlessly) coupling iron bars, comprising:
    a main body A for holding a first and second iron bar;
    a clamp B having a first port for receiving a first iron bar end, and a second port for receiving a second iron bar end;
    wherein (if you want describe how the clamps work to couple the iron bars) ...

2.  The apparatus of claim 1, where the Clamp B further comprises a third port for receiving a third iron bar end,
 wherein (if you want to describe how the 'new' clamp works to couple the 3rd iron bar end)...

Claim 2 would essentially recite the further structure of the clamp B used in coupling the third iron bar...

Good luck.
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Patentstudent

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Re: Claim drafting
« Reply #6 on: 02-09-12 at 01:52 am »

Bob, thank you very much for your thought. I was still playing around to find the best way to go about it and your suggestion is definitely helpful. 
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Patentstudent

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Re: Claim drafting
« Reply #7 on: 02-10-12 at 04:24 am »

Just another quick question.

After the claims for the apparatus, does it make sense to add one or a few claims for the method of using the apparatus, e.g.:

- a method for the use of the apparatus according to any one of the preceding claims characterized by clamping .......etc. ...

Thank you in advance for your advice.
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Yak

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Re: Claim drafting
« Reply #8 on: 05-09-12 at 06:55 am »

Jubin, are you aware that Track 1 will cost $3360 in filing fees? 
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bleedingpen

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Re: Claim drafting
« Reply #9 on: 05-09-12 at 12:26 pm »

yeah, that $2800 in extra fees would be much better spent on an attorney than the Track I request. 
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Yak

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Re: Claim drafting
« Reply #10 on: 05-10-12 at 06:27 am »

yeah, that $2800 in extra fees would be much better spent on an attorney than the Track I request. 

Seconded
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