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Pages:
2 pages/≈550 words
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3 Sources
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APA
Subject:
Law
Type:
Essay
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English (U.S.)
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Topic:

Analyze Claims Of Prior Art: Backpack Sprayer

Essay Instructions:

Finalizing the Provisional Patent Paperwork

After determining that an invention is patentable and doing proper prior-art research, an inventor can pursue a provisional patent. For the next three weeks, you will be putting together and submitting a provisional patent application. Please use the invention you believe is most patentable out of your three invention ideas for all assignments going forward, as your collective assignments will build your patent application - which is the main part of your final project. A patent specification will contain prior art, a summary, detailed description with drawings, and the claims. You will start drafting the claims and work your way to the full patent application.

Analyze Claims of Prior Art

Instructions:

Please start by watching the Patent Basics video then reading Chapter 6 of Fundamentals of Patenting and Licensing for Scientist and Engineers, and then familiarize yourself with Section 112 of the patent laws (35 USC 112) which defines claims. While you watch the video, think about what claims you could write on your own invention. Locate and copy down the claims of a patent you are referencing as prior art for your invention. Please separate and note the claims as dependent and independent claims. In one paragraph (100-200 words), explain specifically how the dependent claims reference the independent claim(s). Do the dependent claims broaden the scope of the patent or make it more specific? In one to two paragraphs (200-400 words), describe if any of the claims contain language that you could easily circumvent. How might you navigate around these claims if you needed to?

Essay Sample Content Preview:
Analyze Claims of Prior Art Student’s Name Institutional Affiliation Analyze Claims of Prior Art The prior art that I would refer to is a Backpack Sprayer invented by Pedro Wirz in 2005 and patented in 2006. The backpack sprayer is a Knapsack sprayer that uses mechanical means to dispense its content to the plant (Wirz, 2006). Instead of using power to generate pressure like my invention, this sprayer uses the pressure chamber to force the solution out of the tank. It uses the piston inside the cylindrical cap to drive the fluid into the pressure chamber (Wirz, 2006). The backpack sprayer has two independent claims and six dependent claims. The first and the eighth claims are independent claims and claim number two to seven are dependent. First part Claims number two to seven reference independent claim number one. These dependent claims expound on the cap attached to the piston. The location and the functions of the cap are introduced in the last part of the claim number one (Wirz, 2006). The dependent claims further describe the additional features on the cap such as interior flanges, split collar, and their functions. The dependent claims indicate that the cap plays a crucial role in the functioning of the piston. Therefore, although the cap has been introduced in claim number one, it has been further described by the subsequent dependent claims (Wirz, 2006). Claim number 8 on the backpack patent is also an independent claim and has only claim 9 as the dependent claim (Wirz, 2006). Basically, the claim 8 is a repetition of claim 1 with some few changes in the words used, whereas claim 9 is the repetition of claim 3. As indicated above the dependent claims are generally describing the cap that has been introduced in the last part of the independent claims. For instance, the claim number 2 introduces some additional feature in form of flanges. Claim 2 gives the position of the flanges and states that it contacts the piston during the ...
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