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I am writing my last revision of claims for my patent and I need assistance with proper verb age. Any thoughts?

Patents & Trademarks Discussion Forum

I am writing my last revision of claims for my patent and I need assistance with proper verb age. Any thoughts?

Postby treasigh » Sat May 12, 2012 8:42 am

I am in the final stages of my patent which involves shoes. My question is how do I define the concept without putting limitations? I was going to suggest that the upper would be made of a leather or PU material. That the sole will be made or rubber or leather. Among all the other claims, these will be dependant on a claim that has already been deemed patentable. Is this too broad or is that limiting? I am doing this final part on my own and it is intimidating to say the least. I am concerned I will use words that I should NOT use and may be lacking in words that will help people understand the concept. Any insight would be greatly appreciated. Words to limit, words to include and do I need a full ten claims in order to move forward or is that more of just a benefit for me to use those claims to protect it?
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I am writing my last revision of claims for my patent and I need assistance with proper verb age. Any thoughts?

Postby culley96 » Sat May 12, 2012 8:49 am

?? You need a patent lawyer, not random advice from Yahoo. The specific claims are the core of your protection, and getting them wrong could make your patent worthless.

Incidentally (and this is the prime reason that you need help): a patent can be legal with a single claim, there is no upper or lower limit.
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I am writing my last revision of claims for my patent and I need assistance with proper verb age. Any thoughts?

Postby kirklin » Sat May 12, 2012 9:03 am

Consult a professional patent attorney as it is vital to get the wording of the claims right to give you the maximum protection. Also DO NOT disclose any features of your claimed invention prior to filing your patent application - for example do not post them on YA. As Quizzard says, there is no maximum number of claims, you need at least one, but do not try to invent claims for the sake of it.
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I am writing my last revision of claims for my patent and I need assistance with proper verb age. Any thoughts?

Postby akule76 » Sat May 12, 2012 9:06 am

My first piece of advice is to relax. You can always change and amend your patent claims as you move through the process. Don't kill yourself worrying about your claim scope right now.

You cannot add new matter or new examples so make sure that that part of your patent is squared away first. Next, you are better off filing more narrow style claims covering exactly what you think are the new and unique parts to your invention. If you have to broaden them out later that is perfectly okay. Many people file more narrow focused claims in their first patent application, get that allowed, then file a new continuation style application to go for broader claims. This post and free guide might help: http://patentfile.org/how-to-file-a-provisional-patent/
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