Can you use and/or in a patent claim?
Can you use and/or in a patent claim?
In referring to the specification for guidance, the court found that the patentee “substitute[d] either the word ‘or’ or the phrase ‘and/or’ for the word ‘and’ every time they describe an embodiment of the claim.” Thus, the court accepted the patentee’s proposed interpretation and concluded that the only way the claims …
What is a means plus function claim?
A form of patent claim that both: Expresses an element by its function rather than by any structure, material, or acts. Covers the structure, material, or acts, and any equivalents, which the patent’s specification describes as corresponding to the function.
What is patent markush?
September 13, 2021. Markush structures are representations of chemical structures with variable substituents that are used in patent documents to specify groups of related chemical compounds, often in order to claim them as part of the scope of a filed patent application (also referred to as Markush claims).
What is markush search?
This search, based on Markush structures, initiates as a chemical structure search and involves a comprehensive strategy that enables you to identify documents which have a broad coverage for functional moieties, enabling you to streamline R&D efforts, influence on-going patent litigation, track competition and …
Is and/or indefinite?
Examiners often reject “and/or” in the claims as indefinite under Section 112. However, as noted above, it should be clear that there is nothing inherently indefinite about the term. Because some examiners are insistent on maintaining rejections of this term, it might be helpful to see what the PTAB says about it.
Can method claims be means plus function?
Id. Third, the court rejected the implication that a means-plus-function term cannot be nested in a method claim.
What is a product by process claim?
A product-by-process claim is a claim where an article or at. least one element of an article is claimed by reciting the. process of making the article or the element of the article- • A product-by-process claim can be in either. independent or dependent form.
Are Swiss type claims allowed in India?
Swiss-type claims are, therefore, permissible only if the national patents law permits the patentability of new use for a known substance. Some of the major Patent Offices now allow such claims.
Are all members of the Markush grouping the same?
Analysis: All members of the Markush grouping have a common disclosed use as herbicides. However, the alternatives set forth in the Markush grouping are not all members of the same physical or chemical recognized class of compounds.
Is “selected from the group consisting of” a Markush type claim?
Such a question arises because of the use of the phrase “selected from the group consisting of” in the Markush-type claim, where “consisting of” is consistently regarded in patent terminology as triggering a “closed” type claim that excludes the presence of other elements or materials with respect to the structure it refers to. [4]
What are the traps for Markush groups?
Markush Groups: Traps for the Unwary. Moreover, to cover mixtures, use of preambles like “at least one X” or “one or more X” or clauses such as “and mixtures thereof” expressly open Markush groups to combinations and blends. While the case law on Markush groups is evolving, conscientious drafting may enable Applicants to sidestep known traps.
What inventions can be claimed under the Markush formula?
Inventions in metallurgy, refractories, ceramics, chemistry, pharmacology and biology are most frequently claimed under the Markush formula, but purely mechanical features or process steps may also be claimed by using the Markush style of claiming.