Although there are many kinds of Office Actions, the following two kinds are the most common. It may be understood that the following discussion refers specifically to U.S. patent law and practice, however, many other jurisdictions use similar kinds of Office Actions. Restriction Requirements: After a patent application is filed, it is assigned to a[…]
Patent claim is lack of antecedent basis is one of the most common problems found in claims of novice patent writers. As per the claim requirements, every element in a claim must be properly introduced before the element can be modified or qualified. For example, the qualification “the upper support” in a claim is improper[…]
Patent claim form and language are highly stylized to emphasize precision and clarity. In this article, we will discuss basic claim form and the meaning of claim language. The claims must start on a separate page. The claims are placed after the specification, though this is not particular prescribed. That said, most Patent Offices prefers[…]
Each new element in a product claim and each new step in a method claim should be first introduced either as: the subject of its own clause, or a previously introduced and named item or a step comprises it, has it or includes it. Being the subject of its own clause means that it is[…]
Patent claim negative limitations in the past, describing what an element is not instead of what it is, were generally considered improper, except in unusual cases. However, the current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation. In Santarus, Inc. v. Par Pharm., Inc., the court[…]