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Does my claim read on prior art?
Posted by Anonymous . updated on 6/30/2009
Hi,
Could you possibly help answer some specific questions?
1) I am planning to apply for a patent soon but not sure if my claims would read on prior art or not --> If my claims contain all the elements claimed in one of the prior art's claims but with one or two additional features, will that still allow my invention to be novel?? (However, the function, way, result AND general concept are not the same at all)
2) If my independent claim reads on, but my dependent claims doesn't, will i be able apply for a patent?
Thank you for any info.
Answers (1)
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Aisha Boue
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Hi there,
Re: your first question; you can go ahead with patenting your idea should your idea fulfill all conditions of patentability.
If your independent claim reads on but your dependent claim does not, you may alternatively write your dependent claim as your independent one and reduce the limitation of the independent claim and write it as your dependent claim.
For further assistance, do feel free to contact us on toll-free (877)-794-9511 or mail us at customer.service@patentexpress.com
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