How to amend patent claims: marked-up amended claims

When are marked-up claims not required? Patent claims must be amended in a very certain manner. The USPTO has strict marking rules on how amended claims must be shown with respect to prior versions. The format of amended claims are generally called “marked-up” claims. There is no need to show marked-up claims in the following […]

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What is an independent claim?

Why do independent claims matter? If you are applying for a utility patent, it is absolutely critical that you understand how independent claims work. In order for a product or service to be covered by a utility patent, at least one independent claim must be infringed. And infringement means that each element of the independent […]

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What are negative claim limitations?

What is a negative claim limitation? A negative claim limitation is language recited in a patent claim that speaks to the absence of a feature, as opposed to a positive claim limitation that recites the presence of a feature. Negative limitations might be recited with words such as “devoid,” “absence,” “without,” “(whatever)-less,” “not including,” “excluding,” […]

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What is intended use claim language?

“Intended use” refers to language in a patent claim that arguably describes a purpose or function of the thing being claimed. It is, therefore, not given any patentable weight by a patent examiner who has deemed a claim limitation to constitute intended use. By regarding certain claim¬†language¬†as intended use, the examiner can generally disregard the […]

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