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Patent Claims
Posted by . updated on 9/9/2003
My question concerns patent law, specifically claims. If claim A is an indpendent claim and claims B through J are dependent claims of claim A is it necessary for all dependent claims B through J to be present upon the implementation of the invention? Example: Independent claim: A. An adverse weather rear light system comprising: a light source or light sources positioned to increase the conspicuity of the rear of a vehicle; a means to collect the current visibility conditions; a control means whereby the adverse weather rear light system is automatically energized during low visibility conditions. B. The adverse weather rear light system according to claim A whereby the light source would automatically de-energize when an ignition switch is in an off state. C. The adverse wether rear light system according to claim B whereby all vehicle lights are energized in conjunction with the adverse weather rear light system. Can the invetion be implemented with claim A and claim C or is claim B also required for the implementation of the invention?
Answers (1)
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Alvin R...
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Dependent claims usually are all of the claims required to make the invention functional. If the invention can be functional without a claim, then it is not necessary. In your facts it does not appear that the function of the device requires connection to a switchable power source, although that is practical.
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