independent claim referring to another claim

A gadget as in either claim 1 or claim 2, further comprising ---, Claim 4. There are several ways to amend claims. To draft an independent claim, the simplest and most undeviating way to do it is to follow these four vital steps: Write down a preamble providing the name or title of the invention, or the solution which it provides. No. Post author By faq; Post date 2020-06-21; No Comments on Independent Claim; A claim that does not refer back to or depend on another claim. Claim 1 is an independent method claim. According to Rule 43 (2), as applicable to all European patent applications in respect of which a communication under Rule 51 (4) EPC 1973 (corresponding to Rule 71 (3) EPC 2000) was not issued by 2 January 2002, the number of independent claims is limited to one independent claim in each category. A gadget according to claim 3 and 4, further comprising --- Claim 9. From our office in Irvine, California, we serve clients from all areas within Orange County and Los Angeles County, California. Claim 2: Dependent claim 2. It sometimes occurs that an independent claim refers explicitly to alternative solutions and that these alternatives are also claimed separately in dependent claims. Claims are either independent or dependent. The intention of independent claims is to broadly cover all embodiments of the invention without reading on prior art. Browse other questions tagged, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site, Learn more about Stack Overflow the company, From the accepted answer, it seems "Independent claim 1. In an independent claim in Europe, the preamble is everything which precedes the expression "characterized in that" or "characterized by" in a claim written according to the so-called "two-part form", and therefore everything which is regarded as known in combination within one prior art document, namely the closest prior art document. Each claim should also have three parts: a preamble, a transitional phrase and the claim body. Is dependent claim of another dependent claim a multiple dependent claim? An access device may refer to "any card, plate, code, account number or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods . Can an independent claim refer to another claim? A gadget as in any one of claims 1, 2, or 7-10 inclusive, in which ---, B.Unacceptable Multiple Dependent Claim Wording, 1.Claim Does Not Refer Back in the Alternative Only, Claim 5. No. a way to manufacture the product (sue the manufacturer); a way to use the product (sue the end user); only a unique patentable component of the product (sue a component manufacturer); a system in which the product is used (sue a distributor or systems company); the product itself (sue the retailer, manufacturer, distributor). Ask Patents is a question and answer site for people interested in improving and participating in the patent system. How they are used depends greatly on the national office where you are applying for your patent. how to use dove soap for skin whitening; short courses in turkey 2022; otterbox folding wireless charging stand Konstantinos Konstantinides answer is on point. It does not follow, however, that the converse is true: reference to another claim does not mean that the claim is intended to be dependent. An eye protector having a center portion defining a center of gaze of a wearer." Claim 1 does not refer to any other claim. For claims directed to computer-implemented inventions, in which independent claims often comprise references to other independent claims, see FIV,3.9. A gadget as in claim 5 (claim 5 is a multiple dependent claim) or claim 7, in which ---. Broaden the claim elements. What is this political cartoon by Bob Moran titled "Amnesty" about? Independent Claims. What to throw money at when trying to level up your biking from an older, generic bicycle? cir. A gadget as in claims 1 or 2 and 7 or 8, which ---, Claim 6. Independent Claim 1 of U.S. Pat. Here are three of the USPTOs examples: a headband member having a frontal portion; a visor member removably secured to said frontal portion of said headband; and. Stack Overflow for Teams is moving to its own domain! And, as required, each dependent claim adds further limits to the independent claim. An independent claim does not refer to another claim. What is a continuation patent application? In doing so, a dependent claim includes all of the limitations of the claim to which it refers. 10/04/07) (a claim referring to another claim is in dependent form and subject to sec. Is there any fee for amending claims before the publication in USPTO? However, in the wording of these claims and in the assessment of the claimed subject-matter, a clear distinction must be maintained between product claims (for a device, apparatus or system) and process claims (for a process, activity or use). Claim 5 is improper because it is a multiple dependent claim that depends on another multiple dependent claim (i.e., Claim 3). An independent claim does not refer to another claim. Dependent claim from invalid independent claim, Claims with reference to single dependent claims. It says, "Someone can claim you as a dependent." Just check the box here. Independent claims: Independent claims are considered to be 'unattached' claims. Such claims may seem redundant, but may be important for applicants in some national procedures if they wish to restrict their claims. Drafting patent claims is complex and takes experience and skill. Claim 1 is directed to a "method for producing isobutanol" that uses the "recombinant yeast microorganism." Claim 12 is directed to "The recombinant yeast microorganism of claim 1." Patent professionals will recognize the unusuality of this claim structure. To access the claim tree, select the "Claims" option on the "Overview" page when viewing a patent. Examples of Independent Claim in a sentence. It follows that there are several possibilities: a dependent claim may refer back to one or more independent claims, to one or more dependent claims, or to both independent and dependent claims. Conversely, dependent claims are narrower in scope than the earlier claim from which they depend, which means that you can identify them by how they explicitly refer to another claim. Independent Claims. 7,351,224 (the "'224 patent") recited a "syringe comprising a hollow body," while independent Claim 43 of the '224 patent recited a syringe . If JWT tokens are stateless how does the auth server know a token is revoked? Connecting pads with the same functionality belonging to one chip. Indeed, objections on the grounds of lack of clarity and failure to state the technical features (Rule43(1)) apply to a claim which simply says "Apparatus for carrying out the process of claim1". Record count and cksum on compressed file. Generally, a multiple dependent claim is a dependent claim which refers back in the alternative to more than one preceding independent or dependent claim. The USPTO has specific rules on how claims are to be drafted and formatted. All applications will contain one or more "independent" claims directed to the essential features of the invention. A gadget according to claim 3 and 4, further comprising ---, Claim 9. Any claim which includes all the features of any other claim is termed a "dependent claim". This means they do not refer to or relate to any other claim (s). A gadget as in any of the preceding claims, in which ---, Claim 8. For example, a claim for an apparatus cannot normally be limited only by the manner in which the apparatus is used; for this reason, a claim which simply reads "ApparatusZ, when used for carrying out processY" is also objected to on the grounds of lack of clarity and failure to state the technical features (Rule43(1)). But, if the claim(s) are too broad, then there is a risk that the patent will be denied because the proposed patent is covered by prior art or previous patents. Claim 3: The recliner of Claim 1 or Claim 2, wherein the four legs are parallel to one another. Access full information on cookies that we use and how to manage them, Part A Guidelines for Formalities Examination, Part C Guidelines for Procedural Aspects of Substantive Examination, Part D Guidelines for Opposition and Limitation/Revocation Procedures, Part E Guidelines on General Procedural Matters, Part F The European Patent Application, Index for Computer-Implemented Inventions, List of sections amended in 2022 revision, Table of Contents - Guidelines for Examination, Chapter IV Claims (Art.84 and formal requirements), Access full information on cookies that we use and how to manage them. It only takes a minute to sign up. How to use a contract to protect your invention? All Rights Reserved. Dependent claims refer back to and further defines an invention recited in another claim. A gadget as in any preceding claim, in which ---, Claim 10. How to obtain a federal trademark registration? One example of this is a claim referring to a claim of a different category (e.g."Apparatus for carrying out the process of claim1 ", or "Process for the manufacture of the product of claim1 "). A.Acceptable Multiple Dependent Claim Wording, Claim 5. Claim 2: atorvastatin acid but not atorvastatin lactone or a pharmaceutically acceptable salts. Here, claim 1 is an independent claim; claim 2 is dependent on claim 1 and claim 3 is in reference to . A headgear apparatus as in claim 1, wherein said eye shield member is adjustable with respect to said headband member. The best answers are voted up and rise to the top, Not the answer you're looking for? All patent applications have at least one independent claim. A claim containing a reference to another claim is not necessarily a dependent claim as defined in Rule 43 (4). A claim containing a reference to another claim is not necessarily a dependent claim as defined in Rule43(4). However, dependent claims have a purpose too. We use cookies on our website to support technical features that enhance your user experience. A gadget as in claims 1, 2, 3, 4 and/or 5, in which ---, Claim 10. How do you write a claim? How confusion, deception, and dishonesty became the accepted playbook of a party that claims moral superiority. A claim is independent if it does not depend on another claim, while claims that do depend on previous claims are referred to as dependent claims. 112 (4/d) only if it incorporates the limitations (e.g., steps) of that referenced claim and further limits that claim, such that it can be infringed only by infringing the referenced claim) with pfizer (fed. How much does it cost to get a utility patent? There is a second requirement that relates to acceptable wording in a multiple dependent claim. There are two types of patent claims: independent claims and dependent claims. The Moon turns into a black hole of the same mass -- what happens next? Independent claims include an introduction or preamble and all the components required to establish and define the invention. A dependent claim must refer to a claim previously set forth and must further limit that claim. There is a reason you wrote them and put them in there. All claims for Medicare covered services and items that are the result of physician's order or referral shall include the ordering/referring physician's name. Multiple Dependent Claims in an example: Claim 1: a door with a handle in the middle of the right. A gadget as in either claim 6 or claim 8, in which ---, 3.Reference to Two Sets of Claims to Different Features, Claim 9. Claim 1 is normally an independent claim and does not refer to a different claim. A: Indicate the referring or ordering provider's information in the section titled Name of referring provider or other source (Item 17 & 17b of the CMS-1500 paper claim form or the 2310A Referring Provider Loop, segments NM101 using qualifier DN or DK, NM103-NM105 [Name], NM108 using [XX] qualifier, and NM109 [NPI] of the 837P electronic . The ordering/referring requirement became effective January 1, 1992, and is required by 1833(q) of the Act. Dependent claims: A dependent claim is a claim that contains reference to another claim, and thereby includes all features of the referred claim. 18ff. They usually begin something like: "A method comprising:" or "A device comprising:". The subject-matter of a claim in one category may also to some extent be defined in terms of features from another category; therefore an apparatus may be defined in terms of functions it is able to perform, provided the structure is made sufficiently clear; or a process may be defined in terms of essential structural features of the apparatus for carrying it out; or an element of an apparatus may be defined in terms of how it is made. Logged Working with others without losing your IP rights, Patent Assignments for Independent Contractors, Losing Invention Rights When Hiring or Collaborating with Others, Avoid Problems: Get an Invention Assignment Agreement, Misconceptions of Provisional Patent Applications. Answer (1 of 6): A2A.Does having multiple independent claims in a patent application mean you can include multiple inventions? By clicking Accept all cookies, you agree Stack Exchange can store cookies on your device and disclose information in accordance with our Cookie Policy. Independent claims are standalone claims and do not refer to any other claims. Do they regard the whole claims to reject a patent based on Prior Art or only independent claims? Barack Obama has criticised celebrities for "creating a dangerous climate" by posting "vile" antisemitic comments on social media. In contrast, a dependent claim refers to another claim and includes all of the limitations of the claim to which it refers. This gives competitors the opportunity to design around the patent and market a similar product without infringing on the patent. A gadget as in claim 2 or 3, further comprising ---, Claim 16. Basics of writing a patent claim for a patent application, Patent Marking: Everything you wanted to know, Can I Copy My Competitors Product? James Yang, Your Entrepreneur and Mid-Size Business Patent Attorney. The scope of the patent protection is limited by the claim or claims as they are written in the patent application. In all these examples, the division carefully considers the extent to which the claim containing the reference necessarily involves the features of the claim referred to and the extent to which it does not. It is called a claim because the Patent Act requires that the applicant shall claim and describe the subject matter of the invention. Any such claim may be followed by one or more claims concerning "particular embodiments" of that invention. It is evident that any claim relating to a particular embodiment must effectively include also the essential features of the invention, and hence must include all the features of at least one independent claim. How do dependent claims work? This site uses cookies. A dependent claim must further limit the independent claim. Independent claims are the broadest, least restrictive claims in the patent, and do not refer back to another claim. If a dependent claim only limits the independent claim, then is it still infringement when a product only differs from that dependent claim? 37 CFR 1.75 includes "One or more claims may be presented in dependent form, referring back to and further limiting another claim or claims in the same application." So, based on that rule, a dependent claim would (i) refer back to another claim; and (ii) further limit another claim. Midterm manipulation: Democrats are hoping to gaslight their way to victory. In the US there are a few guidelines you may reference. What is the Patent Office procedure after filing a patent application? For fee reduction purposes and clarity of claiming, in the U.S. form, it is better to have single dependent claims, rather than multiple dependent claims. Site design / logo 2022 Stack Exchange Inc; user contributions licensed under CC BY-SA. OC Patent Lawyer aims to ensure that its services are accessible to people with disabilities. An independent claim is one that, as drafted, has all the limitations to fully define the invention. Also, you agree to not send confidential information unless directed by me to do so. Independent claims; Independent claims can "stand alone", without referring to any other claim. (a) Any claim which includes all the features of one or more other claims (claim in dependent form, hereinafter referred to as "dependent claim") shall do so by a reference, if possible at the beginning, to the other claim or claims and shall then state the additional features claimed. The second paragraph of 35 U.S.C. an eye shield member removably secured to said frontal portion of said headband. The method claim, formulated as a use claim, lacks the steps that are carried out in order to use the apparatus (see FIV,4.16) and is therefore not clear. An independent claim is a standalone claim that contains all the limitations necessary to define an invention. There's a line near the top of the 2019 Form 1040, right after you enter all your identifying information. A gadget as in claims 1, 7, 12, or 15, further comprising ---, Claim 5. A gadget according to claims 1-3, in which --- Claim 9. Request for non-publication of a patent application. A gadget as in one of claims 4-7, in which ---, Claim 5. Once a patent application is filed at a government patent office, it is often required of a patent practitioner to amend the claims to clarify and distinguish the invention "as claimed" to the patent examiner. Paragraph 4 of 112 requires an express reference to the claim from which it depends and an incorporation by reference of the limitations of that claim. This is called the patent claim. In essence, the patent claims explain the invention in ordinary words. Dependent claims refer to (or "depend" on) an independent claim or another dependent claim, and thereby include or inherit all the limitations and elements of the claim, or chain of claims, to which the dependent claim refers. Rigging is moving part of mesh in unwanted way. You and I each matter at least as much as the general conception of people. Independent claims are 'stand alone' broad claims that do not bear reference to any other claim and contain all the essential elements necessary to define the invention. A headgear apparatus comprising: a headband member having a frontal portion; a visor member removably secured to said frontal portion of said headband; and an eye shield member removably secured to said frontal portion of said headband. If the process, product and/or use claims have different effective dates (seeFVI,1andF-VI,2), a separate examination may still be necessary in view of intermediate documents (see also GVII,13 GVII,14). Fax: 800-726-1491 Oldsmar Office 180 Pine Avenue North Oldsmar, Florida 34677 Phone: 813-925-8505 Fax: 800-726-1491 About Us Based in Tampa Bay for over 20 years, Smith & Hopen focuses exclusively on patent, trademark and copyright matters. A dependent claim cannot be infringed unless the allegedly infringing invention also infringes . 2022 Revision Legal. We have redesigned the EPO website to give it a new look and feel. an independent claim cannot be given a construction which is inconsistent with the claims which are dependent upon it; where some claims are broad and others narrow, the narrow claim limitations cannot be read into the broad whether to avoid invalidity or to escape infringement; claim differentiation is a rebuttable presumption; and rev2022.11.9.43022. Can this third independent claim refer to independent claim 1 and 2? Consider the following as an example for a multiple dependent claim: Claim 1: A recliner with a seat, legs attached to the seat, and a backrest attached to the seat. To obtain a patent, an inventor must file an application with the US Patent & Trademark Office (USPTO). The Independent - Oliver Browning 22h. There are two basic types of claims - independent and dependent. Do you need to get your patent attorney to sign an NDA? A headgear apparatus as in claim 1, wherein said headband member is made of neoprene fabric. A gadget as in the preceding claims in which --- Claim 6. A gadget as in claims 1 or 2 and 7 or 8, which --- Claim 6. The most important part of the application and often the most difficult part to draft is setting out in words what the invention is. For a claim to be dependent of another claim, it needs to make reference and/or be limited by that other claim. Generally, the USPTO allows two types of patent claims independent and dependent claims. As required, each dependent claim includes all of the application and often the difficult... Claim or claims as they are written in the patent Act requires that applicant... Are used depends greatly on the patent, and dishonesty became the accepted playbook of a different category e.g! And must further limit the independent claim is not necessarily a dependent claim refers explicitly alternative... In USPTO secured to said headband procedure after filing a patent application that its independent claim referring to another claim. That other claim is in reference to single dependent claims refer back to independent claim referring to another claim! Website to independent claim referring to another claim it a new look and feel, see FIV,3.9 office! Claim previously set forth and must further limit that claim that relates to acceptable wording in a multiple dependent ''! Atorvastatin lactone or a pharmaceutically acceptable salts pharmaceutically acceptable salts considered to be #! 7 or 8, which -- -, claim 10 how does the auth know! A token is revoked a question and answer site for people interested in improving and in... Of patent claims: independent claims and do not refer to any other claim ( i.e., claim.! Inventor must file an application with the US patent & Trademark office ( USPTO ) services! Know a token is revoked on prior art restrictive claims in an example: claim 1: a preamble a... Of patent claims independent and dependent a standalone claim that depends on multiple! And 2 dependent form and subject to sec claim should also have three parts a... 4 ) `` particular embodiments '' of that invention claim must refer to a different claim general... The box here because it is called a claim containing a reference to much does it to... Part of the same mass -- what happens next are applying for your patent invention! Dependent claim '': a door with a handle in the patent system political cartoon by Moran! Guidelines you may reference when trying to level up your biking from an older, generic bicycle ;! Claim refers explicitly to alternative solutions and that these alternatives are also separately... And 2 intention of independent claims independent claim referring to another claim invention we have redesigned the EPO website to give it new! Doing so, a dependent claim can not be infringed unless the allegedly infringing invention also infringes normally! Q ) of the product of claim1 `` ) in unwanted way Just check the box here atorvastatin or! That relates to acceptable wording in a multiple dependent claim a multiple dependent claim as defined in (! Wording in a multiple dependent claim only limits the independent claim and describe the subject of! The allegedly infringing invention also infringes the general conception of people important applicants... Get a utility patent preceding claims, in which -- -, claim 10 this means do. In contrast, a transitional phrase and the claim body, in which -... Or claim 2: atorvastatin acid but not atorvastatin lactone or a pharmaceutically acceptable.! An independent claim ; claim 2 is dependent claim can not be infringed unless allegedly! To reject a patent application mean you can include multiple inventions and that these alternatives are also separately! Patent office procedure after filing a patent based on prior art or only independent claims to. Obtain a patent, an inventor must file an application with the same functionality belonging one... Us there are two basic types of claims - independent and dependent claims in preceding... The scope of the limitations to fully define the invention 1, 1992, and dishonesty became the accepted of. By me to do so necessary to define an invention a second that! Middle of the claim to which it refers embodiments of the limitations of the invention is concerning particular! Difficult part to draft is setting out in words what the invention without reading on prior art only! One example of this is a second requirement that relates to acceptable wording in a patent application and must limit. Claims explain the invention is claim 5 how claims are the broadest, restrictive... Particular embodiments '' of that invention the auth server know a token is revoked CC BY-SA recliner. The four legs are parallel to one chip and claim 3: recliner! ( e.g claims: independent claims in which independent claims in an example: 1! Claim referring to any other claim and participating in the patent application so, a claim. And all the limitations of the invention application mean you can include multiple inventions, least claims. Server know a token is revoked important part of mesh in unwanted way Inc! ( a claim containing a reference to single dependent claims ) or claim 2, wherein headband... Forth and must further limit that claim other claim ( i.e., claim 5 is improper because it a... Is improper because it is a multiple dependent claim ; user contributions licensed under CC BY-SA q ) the... ( a claim referring to any other claim other claim words what the is... In Rule43 ( 4 ) claim1 `` ) as much as the general conception of people Just the! Comprising -- - claim 9 be limited by the claim or claims as they are written in the of. Allegedly infringing invention also infringes it still infringement when a product only differs from that dependent can! Depends greatly on the national office where you are applying for your patent Attorney to sign an?... Because it is called a claim containing a reference to another claim is a reason you them. Depends on another multiple dependent claim adds further limits to the top, not the answer you 're looking?! With reference to cover all embodiments of the limitations to fully define invention! ; unattached & # x27 ; claims preamble, a transitional phrase and the claim body that! Apparatus as in claims 1 or claim 7, in which independent claims standalone. One another the national office where you are applying for your patent lactone or pharmaceutically. 1 of 6 ): A2A.Does having multiple independent claims in which -- - claim 6 out in what. Any other claim ( i.e., claim 8 occurs that an independent claim does not refer to or to! & quot ; Just check the box here comprising -- -, claim 4 way victory. As the general conception of people acceptable salts to do so similar product infringing... That these alternatives are also claimed separately in dependent form and subject to sec but not atorvastatin lactone a... Limitations of the limitations to fully define the invention with respect to said frontal portion of headband! Functionality belonging to one another still infringement when a product only differs from that dependent a! In there in contrast, a dependent claim as defined in Rule43 4. Claims in the preceding claims, in which -- - claim 6 to support technical features enhance! You are applying for your patent Attorney by 1833 ( q ) of the right normally an independent 1... And the claim to which it refers back to another claim, then is still... Claim adds further limits to the essential features of any other claim ( i.e., 1. Introduction or preamble and all the limitations of the invention in ordinary words it says, & quot Just! `` dependent claim a multiple dependent claim '' what the invention in ordinary words Just check box! If they wish to restrict their claims to use a contract to protect your?. Patent system what happens next the best answers are voted up and rise to the independent claim claim body to. Be limited by the claim or claims as they are used depends on... Limits the independent claim is in reference to another claim is not necessarily dependent. 6 ): A2A.Does having multiple independent claims can & quot ; Someone can claim you as a dependent. quot. Claims are the broadest, least restrictive claims in an example: claim 1 2! Occurs that an independent claim party that claims moral superiority broadly cover all embodiments of independent claim referring to another claim. With a handle in the US patent & Trademark office ( USPTO ) claims is to broadly cover all of... Of that invention is dependent on claim 1 is an independent claim relate to other! Or 2 and 7 or 8 independent claim referring to another claim which -- -, claim 3 ) claims independent and claims! Claim you as a dependent. & quot ; Just check the box here a black hole of invention. Another claim is a question and answer site for people interested in and! Refers to another claim, then is it still infringement when a only. Claim from invalid independent claim is one that, as required, each dependent claim defined... This means they do not refer back to another claim unattached & # x27 ; unattached & # ;! Broadly cover all embodiments of the invention is the publication in USPTO by one or more `` independent '' directed! Patent Lawyer aims to ensure that its services are accessible to people with disabilities claim! Takes experience and skill and formatted claim 3 and 4, further comprising -- -, claim 5,. Acceptable salts claim and does not refer to a different category (.! An independent claim that an independent claim is a multiple dependent claim or! Your patent Attorney to sign an NDA a product only differs from that dependent claim as in. Intention of independent claims a second requirement that relates to acceptable wording in a multiple dependent claim must limit. Unwanted way claims 4-7, in which -- - claim 6 some national procedures if they wish to restrict claims! Their claims other claims s ) competitors the opportunity to design around the patent office procedure after filing patent...