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Author Topic: Main independent claim without usefulness  (Read 700 times)

Pianist

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Main independent claim without usefulness
« on: 08-11-17 at 05:16 am »

Can I make object of first indepndent claim without any useful action?
If I make object of second dependent claim by adding some parts useful and working, can I get patent for such invention?
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smgsmc

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Re: Main independent claim without usefulness
« Reply #1 on: 08-11-17 at 10:36 am »

Can I make object of first indepndent claim without any useful action?
If I make object of second dependent claim by adding some parts useful and working, can I get patent for such invention?
If the independent claim does not claim anything useful, the Examiner will reject the claim under 35 USC 101.  If the dependent claim is otherwise allowable, the Examiner will object to the dependent claim, saying the dependent claim would be allowable if rewritten as a new independent claim, including all the limitations of the current independent claim on which it depends.
« Last Edit: 08-11-17 at 10:46 am by smgsmc »
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Pianist

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Re: Main independent claim without usefulness
« Reply #2 on: 08-11-17 at 03:26 pm »

35 USC 101 is about statutory classes.
But I found explanation of my in question 2107.02   Procedural Considerations Related to Rejections for Lack of Utility
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smgsmc

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Re: Main independent claim without usefulness
« Reply #3 on: 08-11-17 at 06:09 pm »

35 USC 101 is about statutory classes.
But I found explanation of my in question 2107.02   Procedural Considerations Related to Rejections for Lack of Utility
??  MPEP 2107.02 discusses how the USPTO deals with certain aspects of utility issues under 35 USC 101. Rejections are based on the statute.
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NJ Patent1

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Re: Main independent claim without usefulness
« Reply #4 on: 08-12-17 at 09:32 am »

Whoever invents or discovers any new and useful ...  This requirement applies to all the "classes" that follow. 
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