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Ive Claiming ("Markush Changes" Dear Ms. Fonda, Attached please find our comments to "Notice of Proposed Rulemaking Entitled: Examination of Patent Applications That Include Claims Containing Alternative Language" Thank you for the opportunity to comment. Respectfully, Thomas Dodd Hal Woodrow Thomas J. Dodd Senior Patent Counsel Johnson & Johnson Patent Law Department WH6132 (732) 524-2782 October 9, 2007 By Electronic Mail to markush.comments uspto.gov Mail Stop comments- Patents Commission.
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Obviates FAQ
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Before your patent is granted, you have a patent pending. A US patent application is a request to obtain a patent. US patent applications are usually published 18 months after the initial filing date. The claims in a patent application may change after publication, and in fact, usually, do.
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Patents cover making, using, selling, offering for sale an importing. As I said, a system claim covers the physical system whether or not it is use. In contrast, a method claim coving that same system is only infringed when the system is activated and actually carries out the claimed steps.
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What are patent claims? Claims are the heart of a patent application. Whereas the description of the invention contained in a patent document teaches how to make and use the invention, the claims define the scope of legal protection.
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Once the patent application is examined, the Patent office issues an examination report to the patent application, which is generally known as First Examination Report (FER). The examiner submits this to the Controller. It usually contains prior arts similar to the claimed invention.
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The substantive examination is a thorough check of whether your invention is new and inventive. The examination also checks if there is any other reason the IPO cannot grant a patent, for example if your documents do not describe your invention in enough detail.
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Types of patents. There are three types of patents: utility, design and plant. Utility and plant patent applications can be provisional and nonprovisional. Provisional applications may not be filed for design inventions.
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A patent claim defines the boundaries of an invention, and therefore lays down what the patent does and does not cover. A patent claim is the most important thing in a patent application, for it defines the subject matter that is sought to be protected.
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Definition. The term patent application refers to the legal and administrative proceedings of requesting the issuance of a patent for an invention, as well as to the physical document and content of the description and claims of the invention, including its procedural paper work.
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