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How vague can a patent be?

Posted on September 17, 2022 by Author

Table of Contents

  • 1 How vague can a patent be?
  • 2 How detailed do patents need to be?
  • 3 What is a 112 rejection?
  • 4 How do you respond to notice of bar?

How vague can a patent be?

Applying its long-held standard that patents can only be found indefinite if they are “insolubly ambiguous,” the Federal Circuit decided the claims were not indefinite because they were not “insolubly ambiguous.”

How detailed do patents need to be?

The description of your invention must be detailed enough that it is clear that you actually possessed the invention at the time your application was filed, i.e. that you are not claiming more than you actually invented and appreciated at the time.

Can a vague claim be acceptable?

Vague statements are a legitimate part of communication but it is important to recognize them for what they are.

Can a patent be hidden?

One reason the subject matter of a patent cannot be kept a secret is because the patent gives the owner a limited right of excluding others from practicing the patented invention. A patent application is created when the application is filed in the U.S. Patent Office.

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What is a 112 rejection?

A Section 112 rejection in a patent Office Action means that the examiner considers certain claim language indefinite. Section 112 rejections are often regarded as “non-substantive” by patent practitioners because they typically relate to the form, and not the substance, of the claims.

How do you respond to notice of bar?

Both a plea or an exception constitutes a valid response to a notice of bar. However, a rule 23(1) notice which argues that the particulars of claim are vague and embarrassing and affords a plaintiff an opportunity to remove alleged causes of complaint, is not a pleading, but a notice.

Are there top secret patents?

Secret Patents In 2017, the United States Patent and Trademark Office (USPTO) reported statistics that there were over 5,700 classified patents held by the United States government. These inventions are highly guarded under sensitive secrecy orders.

Are provisional patents secret?

Provisional Patent Applications. 35 U.S.C. at § 122(b)(2)(iii) (provisional patent application is not published and kept confidential). Courts typically find that information contained in patent applications lose their trade secret status upon the date of publication—and not the date of disclosure to the patent office.

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