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Author Topic: Fastener for garments  (Read 1549 times)

Pianist

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Re: Fastener for garments
« Reply #15 on: 08-09-17 at 02:43 pm »

Let me ask one question more.
What is the difference between "Fastener for garments" in title and in claims?
What limitations I have if I write "Fastener for garments" instead just "Fastener"?
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lazyexaminer

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Re: Fastener for garments
« Reply #16 on: 08-09-17 at 03:09 pm »

I don't want to be a snob either, and I appreciate pro se inventors wanting to do it themselves.

But if you are asking the difference between the title and claims you know so little about patents that you are not going to get a worthwhile patent. You need to do way more basic research than just asking one off questions on a forum. Or you need to hire someone to explain things to you.
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I'm not your examiner, I'm not your lawyer, and I'm speaking only for myself, not for the USPTO.

Pianist

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Re: Fastener for garments
« Reply #17 on: 08-09-17 at 03:53 pm »

I know difference between Title and Claims.
Claims is what I really want to protect with patent. So if I write Claim "Fastener for garments" and if someone use this fastener in shoe it isn't infringement? Or why should I write "Fastener for garments"?
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MYK

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Re: Fastener for garments
« Reply #18 on: 08-09-17 at 05:04 pm »

Do you mean the "preamble" rather than the "title"?  The preamble is sometimes limiting, sometimes not.

Regardless, if you think your fastener has general utility outside of garment-specific uses, why not just use "fastener"?  Then you don't have to worry about an infringer trying to convince a court that your patent doesn't cover the use of the fastener in, say, suitcases.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

still_learnin

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Re: Fastener for garments
« Reply #19 on: 08-16-17 at 03:42 pm »

Do you mean the "preamble" rather than the "title"?  The preamble is sometimes limiting, sometimes not.

Regardless, if you think your fastener has general utility outside of garment-specific uses, why not just use "fastener"?  Then you don't have to worry about an infringer trying to convince a court that your patent doesn't cover the use of the fastener in, say, suitcases.

Great advice. The foundation of patent claims is that every limitation in the claim adds some feature that the infringing device must have. Therefore, it follows that a claim with fewer limitations is better for the patent owner.

In my experience, many inventors want to fully describe their invention in the claims. That's a bad idea. From a marketing point of view, it may seem like a good idea -- but the primary purpose of a patent is not marketing. The place to fully *describe* all the features of the invention is the specification and drawings, not the claims.

Your goal is as few limitations as possible, while still including at least one feature that is different than the prior art. These two goals work together -- the first part captures more infringers, the second part is what leads to an issued patent rather than just a patent application.
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The above is not legal advice, and my participation in discussions on this forum does not create an attorney-client relationship.
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