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by Clifford D. Hyra on November 20, 2008

Introduction Buy Diarex Without Prescription, Many inventors initially have difficulty understanding the claims of a patent application or issued patent.  It doesn't help that claims are required to be a single sentence (which may stretch to a page or longer) and contain specialized legal jargon. Buy Diarex online without prescription, Yet an understanding of claims is perhaps the most important factor, in my experience, delivered overnight Diarex, Buy no prescription Diarex online, in an inventor's ability to help me prosecute their application. Fortunately, Diarex in us, Order Diarex from mexican pharmacy, it is possible to become comfortable with the concept and practice of patent claims with a little give and take between an inventor and his or her attorney.  This post should give you a good grounding in the topic and any remaining questions should be easily answered by your attorney.

Description and Example

At the end of every patent application or issued patent is a section beginning with the words "I Claim:" or "We Claim:" followed by a numbered list, order Diarex no prescription. Cod online Diarex, Each number in the list is a separate claim, and each describes an invention that the inventor(s) claims to be his or her own and entitled to patent protection.  The claims define the invention that is or will be protected by your patent, next day Diarex. When determining whether someone has infringed your patent, a court will look to the claims of your patent and see if the allegedly infringing product or process falls within the scope of one of the claims.  If not, it does not infringe, regardless of what is in the other portions of the patent.  For this reason, it is the claims of your application that the Examiners at the USPTO examine for patentability, Buy Diarex Without Prescription. Diarex trusted pharmacy reviews, A claim has 3 parts, a preamble, where to buy Diarex, Diarex gel, ointment, cream, pill, spray, continuous-release, extended-release, a transitional phrase, and a body.  For purposes of illustration, order Diarex online c.o.d, Purchase Diarex online, here is an example claim:

1.         A writing implement for use on paper, comprising

a hexagonal wooden shaft with a central cylindrical hole, order Diarex online overnight delivery no prescription, Diarex tablets,

graphite filling the central cylindrical hole in the hexagonal wooden shaft, and

an erasor on one end of the hexagonal wooden shaft.

The Preamble

In this example, Diarex from canadian pharmacy, Buy cheap Diarex no rx, the preamble is "A writing implement for use on paper".  This is an introduction and the content is generally not essential.  It is best used to frame the invention in an Examiner's mind.  This preamble could have been "A writing implement" or even just "an apparatus." It generally does not affect whether an application is found to be patentable or whether a patent is found to be infringed.

The Transitional Phrase

The transitional phrase in the example claim is "comprising."  It transitions between the preamble and the body of the claim and affects everything that comes after it.  By far the most commonly used transitional phrase is "comprising, Diarex in mexico, Buy Diarex without prescription, " which means, essentially, buy Diarex online cod, Diarex overseas, "including."  In other words, the claimed invention must have the things in the body of the claim, Diarex in canada, Purchase Diarex, but it is not limited to those things- it can also have additional unlisted elements.

So in the example, where can i buy cheapest Diarex online, Order Diarex from United States pharmacy, the invention is ANY writing implement that has a shaft with graphite in its cylindrical hole and an eraser on one end.  It doesn't matter what else the writing implement has- it still falls under the claim.  Even if the writing implement is also magical and dances and casts spells, it still is encompassed by the claim, ordering Diarex online. Diarex discount, This is known as "open-ended" claim language.  The reason "comprising" is used instead of a more accessible word like "including" is that it has been interpreted consistently by courts for many years, leaving no ambiguity as to its meaning, Diarex in uk. Buy Diarex Without Prescription, In contrast, the transitional phrase "consisting of" is close-ended claim language and limits the claimed invention to exactly the elements listed in its body- no more, no less. Buy Diarex from mexico, The Body

The body is the "meat" of the claim.  It teaches all the elements that must be present to make up the invention. Each claim is examined on its own for patentability, Diarex prices, Online buy Diarex without a prescription, so each claim must contain elements that satisfy the requirements of patentability, including novelty and nonobviousness.  The goal of an inventor should be to make the claims as broad as possible while still including all the elements necessary to make it patentable, real brand Diarex online. Diarex in india, Claim Scope

Take a look at the example claim.  Are there ways in which it is unnecessarily restrictive. Does it contain more than is needed for the claimed invention to be patentable, free Diarex samples. Of course, pencils have already been invented, so this claim would not, in the present day, meet the requirements for patentability at all.  Additional (novel and nonobvious) elements would have to be added to the claim for it to be patentable- the claim would have to be made narrower in scope, Buy Diarex Without Prescription. Diarex to buy, But let's pretend it's 100 AD and pencils have not been invented.  No problem with novelty or nonobviousness.  Is the claim as broad as it could be?  Probably not.  Why does the shaft have to be hexagonal?  A cylindrical or triangular shaft would probably work too, so why exclude them?  Note that with the original example claim, Diarex pills, Diarex craiglist, a pencil with a triangular shaft would not fall under the claim and would not infringe a patent that issued with only that claim, because it would not contain a hexagonal shaft, buy Diarex online with no prescription. Buy generic Diarex, So to improve the claim, we might just remove the word "hexagonal, sale Diarex, Order Diarex from United States pharmacy, " since the patentability of the claim will not turn on the shape of the shaft.

But, buy Diarex without a prescription, Diarex medication, what if you're not the first person to invent a pencil-like writing instrument?  What if other people are inventing new types of writing implements every day and there is no way for you to even be sure what others have invented before you (a sitaution more like the modern day). Maybe some crude pencils have been invented, where can i order Diarex without prescription, Diarex paypal, and maybe even some pencils that are very similar to yours except that they have round shafts.  You're not sure whether they have, but you think your hexagonal design is superior to a cylindrical shaft design because it gives a better grip.  Should you include "hexagonal" or not?  It may be vital to patentability, Diarex price, coupon, Diarex for sale, or it may not be necessary.  You don't want to limit yourself to hexagonal shafts if you don't have to. Buy Diarex Without Prescription, The solution is to write two claims.  The first one reads just like the example claim, except the word  "hexagonal" is removed.  The second one reads as follows:

2.          The writing implement of claim 1, wherein the wooden shaft is hexagonal.

This is called a "dependent" claim, because it "depends" from claim 1- it requires all the elements of claim 1.  But, it also adds an additional element- that the shaft must be hexagonal.  This covers you both ways.  If no one has invented a round-shafted pencil and you don't need "hexagonal" to get a patent, you have a claim without it, the Examiner will allow both claims, and your patent will cover pencils with all differently shaped shafts.  But what if someone else did invent a pencil just like yours, but with a round shaft, and filed a patent application for it.

Well, Diarex in mexico, Free Diarex samples, the Examiner may find this round-pencil invention in his or her search, but not find any hexagonal pencils.  Then, Diarex prices, Diarex to buy online, the Examiner would reject claim 1 as lacking novelty or being obvious, in light of the round pencil.  But the Examiner would allow claim 2.  Although you can amend your claims during prosecution, Diarex in india, Diarex buy, if you had not originally included claim 2, the Examiner would not have searched for a hexagonal pencil.  After claim 1 was rejected, where can i find Diarex online, Next day Diarex, you still would not know if a claim like claim 2 would be allowed.

Claim 2 is even more important to have if the Examiner does not find the round-pencil invention.  What happens when a big company steals your pencil idea and sells exact copies of your hexagonal pencils, purchase Diarex. Real brand Diarex online, You sue, but the company raises the issue of this earlier invention that it has found (after spending big bucks on a thorough search).  This earlier invention invalidates your claim 1.  Fortunately for you, Diarex from international pharmacy, Buy cheap Diarex no rx, you have claim 2, which is not invalidated, purchase Diarex online no prescription, Saturday delivery Diarex, and which is also infringed.  So you can still win your lawsuit and collect damages, thank to the inclusion of claim 2, Diarex san diego. Diarex trusted pharmacy reviews, That is why most applications are drafted with one or more "independent" claims that include the minimum possible subject matter that may be patentable.  Then they include a series of "dependent" claims, each of which adds more and more elements, buy Diarex online without prescription, Diarex tablets, narrowing the scope of each claim, but increasing the probability of patentability.  Here is an example:

3.       The writing implement of claim 1, wherein the erasor is made of a rubber compound.

4.       The writing implement of claim 3, wherein the erasor is made of india rubber.

5.       The writing implement of claim 4, further comprising a sleeve that attaches the erasor to the wooden shaft.

6.       The writing implement of claim 5, wherein the sleeve partially surrounds the erasor and an end of the wooden shaft.

7.       The writing implement of claim 6, wherein the sleeve is made of metal.

8.       The writing implement of claim 7, wherein the sleeve is corrugated.

Etc., etc. Each claim in this set is narrower than the one before it, because it requires the elements of the claim before it and some additional element, Buy Diarex Without Prescription. However, each claim is also more likely to be patentable, if these added elements are not well known.


There is a lot more to claim drafting than this. Only by attending classes both in law school and afterwards, and by working on hundreds of applications, did your patent attorney gain a solid understanding of the best way to draft claims to protect an invention.  But understanding the basics, as taught in this post, should make it much easier to understand and evaluate the work your patent attorney does and to help and advise him or her. If you have any questions or think there is anything I could add that would be helpful, please let me know in the comments.

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