What is the “single means claim” in patent law?
A “single means claim” in patent law refers to a claim that recites a single element to perform a function without specifying any supporting structure or steps. The Manual of Patent Examining Procedure (MPEP) 2164.08(a) states: “A single means claim, i.e., where a means recitation does not appear in combination with another recited element of…
Read MoreHow does the “single means claim” relate to the enablement requirement?
The “single means claim” is closely related to the enablement requirement in patent law. According to MPEP 2164.08(a): “Such claims are subject to rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim language is often not commensurate in scope with the enablement disclosure in the specification.” This means that…
Read MoreWhat is a single means claim?
A single means claim is a patent claim where a means recitation (a claim element described in terms of its function rather than its structure) appears alone, without being combined with another recited element of means. According to the Manual of Patent Examining Procedure (MPEP), A single means claim, i.e., where a means recitation does…
Read MoreHow does the identification of a single inoperative embodiment affect claim enablement?
The identification of a single inoperative embodiment among many operable embodiments does not necessarily render a claim broader than the enabled scope. The MPEP 2164.08(b) references the In re Angstadt case: “A disclosure of a large number of operable embodiments and the identification of a single inoperative embodiment did not render a claim broader than…
Read MoreCan a single copy of a document be considered a “printed publication” for patent purposes?
Yes, a single copy of a document can potentially be considered a “printed publication” for patent purposes, depending on its accessibility. MPEP 2128.01 addresses this issue: “A single copy of a document can be considered a ‘printed publication’ if it is accessible to the public.” The key factor is not the number of copies, but…
Read MoreHow does the Sinclair & Carroll Co. v. Interchemical Corp. case relate to the “Art Recognized Suitability” doctrine?
The Sinclair & Carroll Co. v. Interchemical Corp. case is a landmark decision that established the principle of “Art Recognized Suitability for an Intended Purpose” in patent law. This case is frequently cited in patent examinations and legal proceedings when considering the obviousness of material selections. According to MPEP 2144.07: “Claims to a printing ink…
Read MoreHow does simultaneous conception and reduction to practice affect patent priority?
How does simultaneous conception and reduction to practice affect patent priority? Simultaneous conception and reduction to practice can have a significant impact on patent priority. According to MPEP 2138.04: “In some cases, an inventor is unable to establish a conception date earlier than the date of reduction to practice. These situations occur where “the inventor’s…
Read MoreCan simulation or modeling satisfy the requirements for reduction to practice?
The question of whether simulation or modeling can satisfy the requirements for reduction to practice is complex and often depends on the specific circumstances of the invention. The MPEP 2138.05 does not directly address this issue, but general principles can be applied: Typically, actual reduction to practice requires physical construction and testing of the invention.…
Read MoreHow do teachings of similar properties or uses affect obviousness determinations?
Teachings of similar properties or uses between the prior art and the claimed invention can significantly impact obviousness determinations. According to MPEP 2144.08: “Consider the properties and utilities of the structurally similar prior art species or subgenus. It is the properties and utilities that provide real world motivation for a person of ordinary skill to…
Read MoreWhat is the significance of working examples in computer programming patent applications?
Working examples play a crucial role in computer programming patent applications, particularly in demonstrating enablement. MPEP 2164.06(c) emphasizes their importance: “The presence of a working example in the specification provides strong evidence that the disclosure is enabling.” Working examples serve several purposes: They demonstrate that the invention is operable and can be implemented They provide…
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