Law Office of Steven Barton

12/09/2025

US, PCT, and European claim formats differ.

Dependent claims are claims that reference a prior (parent) claim to incorporate the elements of the prior claim in the same patent. For example, if claim 1 says "an electric toaster comprising a resistive heating element", claim 2 may say "the toaster of claim 1 where the resistive heating element comprises a wire comprising a nickel-chrome alloy."

Multiple-dependent claims reference two or more parent claims. For example, claim 3 could say "the toaster of claim 1 or claim 2 further comprising a power cord..."

In the USA, multiple dependent claims are rarely used, and may not depend on other multiple dependent claims.

In Europe, multiple dependent claims frequently depend on other multiple dependent claims in order to provide the best possible coverage of potential infringing devices.

In PCT (patent cooperation treaty) applications, even if filed in the USA, multiple dependent claims are common but may not depend from other multiple dependent claims.

There are other differences in rules regarding claims between countries, particularly relevant to claims to computer software and anything that could relate to a surgical method.

Your patent attorney can help navigate these differences to obtain effective patent protection in more than one country.

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12/09/2025

Patent CLAIMS are CRUCIAL!

Utility patents have a drawing, an abstract, a background section, a summary, a specification, and one or more claims. The claims describe what an accused device or method must have to infringe the claims and thus infringe the patent – damages or injunctions are available only if a court finds at least one claim infringed.

As such, it is the claims that must meet the legal requirement of “novelty” and “nonobviousness” for the patent to be issued-see 35 U.S.C. 102 & 103. The claims must describe a method or device that is new—there must be some distinct difference between that which is described in the claims and which is described in any prior publication or device. Further, every element of the claims must be supported in the specification and drawings that describe how to make or use the invention (see 35 U.S.C. 112).

Generally, every element of at least one claim must literally be present in the accused device for the device to infringe the claim. For example, if a claim calls for copper conductors over a tungsten barrier layer contacting a diffused region in a silicon substrate, a device lacking the tungsten layer typically would not infringe. In some cases, the doctrine of equivalents might allow the claim to cover a device with a barrier layer of a metal similar to tungsten, or if a continuation case is pending or the patent is recent enough for a broadening reissue, the claim might be amended to cover the device.

A registered patent attorney can help write claims that are broad enough to cover a device or method likely to be used by a competitor while being narrow enough to avoid describing known prior publications and devices. Further, a patent attorney can help explain differences between descriptions in prior publications and your patent claims.

12/01/2025

Inventors: There are strict time limits on when you can apply for a patent that vary from country to country. See 35 U.S.C. 102 for details of US law.
For example, a US patent application must be filed within one year of the first public use, sale, or publication of the invention by anyone including the inventor, and publications or other public disclosures during that year that are not traceable to the inventor can count as prior art against the patent. This year is known as a "grace period"
While some other countries allow a grace period, some-like the European Patent Office-do not, and those that do may offer shorter grace periods or have special rules such as filing required in their country before the end of the grace period.

If you have an invention you believe patentable, it is best to consult with a patent attorney BEFORE the first public use, sale, or publication of the invention.

Publications and public disclosures are broadly interpreted to include internet posts, PhD theses, presentations at conferences, detailed abstracts, etc.

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