A subcombination claim refers to a patent claim that specifically details a component of a larger invention. Typically applied to devices, it elucidates the functioning of a subsystem within a larger combination. This claim can be independently patented if it possesses its own utility.
A subcombination claim refers to a specific type of patent claim that pertains to a subsystem within a larger combination, typically found in a device. If the subsystem has its own utility, it can be separately patented. For instance, a smartphone may have a subcombination claim for its camera subsystem, which can be patented independently if it possesses a distinctive and beneficial feature not present in other devices. Similarly, a car engine may have a subcombination claim for its fuel injection system. The significance of subcombination claims lies in their ability to safeguard specific components of an invention, even if the overall combination is not eligible for a patent. This becomes advantageous when the subsystem possesses a unique and valuable feature that can be licenced or sold separately from the larger combination.
A subcombination claim is a type of patent claim that covers a specific combination of elements within a larger invention.
A regular patent claim covers the entire invention, while a subcombination claim covers only a specific combination of elements within the invention.
Yes, a subcombination claim can be patented on its own if it meets the requirements for patentability.
A subcombination claim must be novel, non-obvious, and useful to be patentable.
No, a subcombination claim only covers the specific combination of elements it describes and does not give the patent holder the right to block others from using the entire invention.
It depends on the scope of the subcombination claim. If the claim is broad enough to cover similar combinations of elements, then it may be used to block others from using those combinations.
You should consult with a patent attorney or agent to determine if your invention includes a subcombination claim.
Yes, you can add a subcombination claim to your existing patent application if it meets the requirements for patentability.
Yes, you can license or sell your subcombination claim separately from the rest of your invention if you have the legal right to do so.
You should consult with a patent attorney or agent to determine the best course of action, which may include sending a cease and desist letter or filing a lawsuit for patent infringement.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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