RE: JP claim format?

Simmons, Edlyn, HMR/US (Edlyn.Simmons@hmrag.com)
Tue, 30 Sep 1997 12:02:01 -0500

I sense a possibility that we may not all be talking about the same
thing in this
discussion of "multiple dependent claims."

There are two possible understandings of the phrase "multiple dependent
claims"
1. a multiplicity of dependent claims, which seems to be what
Mike O'Keefe's
answer is referring to, and
2. individual dependent claims that refer back to more than one
broader claim,
which is what I understood Lee Ann Gorthey's question to refer
to.

A multiple dependent claim says something like
"4. A method of any of claims 1, 2 or 3, wherein the solvent is
water."

The USPTO charges (as of 10/1/97) a fee of $270 apiece for this kind of
claim.

Edlyn Simmons
edlyn.simmons@hmrag.com
Hoechst Marion Roussel, Inc.
Cincinnati, OH 45215-6300

> ----------
> From:
> Donald_Walter_AT_rps-va%ccmta@swpco.com[SMTP:Donald_Walter_AT_rps-va%c
> cmta@swpco.com]
> Reply To: owner-piug-l@derwent.tecc.co.uk
> Sent: Tuesday, September 30, 1997 10:26 AM
> To: PIUG-L@derwent.tecc.co.uk; gortheyl@ix.netcom.com;
> Mike_O'KEEFFE@swpco.com
> Subject: JP claim format?
>
> From: Donald Walter AT rps-va@ccmta on 09/30/97 10:26 AM
>
> From Mike O'Keefe, Derwent, Japan
>
> Multiple independent and dependent claims are now allowed in the
> Japanese patent system. This is a change from a historical system
> where JPO practice and patent charges mitigated in favor of a
> one-patent-one-claim system. This changed about 1992.
>
> In a recent study by the Japan EPI association, they found that
> the
> average number of claims was as low as 3 for unsophisticated
> Japanese
> companies filing at JPO and as high as 13 [!] for the top company
> [Hitachi] which, by the agreement of all companies attending, had
> lead
> the way in the use of multiple claims [no distinction was made as
> to
> whether they are dependent or independent].
>
> However, a quick survey of WPI records will reveal that many WPI
> records have more Japanese Patent family members than members
> from any
> one other country.. This would seem to imply that the Japanese
> patent
> Office definition of unity of invention is narrower than that
> applied
> elsewhere.
>
> If you need more analysis of Japanese patents please do not
> hesitate
> to contact us. We have a full-time searcher experienced in using
> and
> accessing every available Japanese patent resource.
>
> Subj: JP claim format?
> Date: 97-09-20 07:11:37 EDT
> From: gortheyl@ix.netcom.com (LeeAnn)
> Sender: owner-piug-l@derwent.tecc.co.uk
> Reply-to: owner-piug-l@derwent.tecc.co.uk
> To: piug-l@derwent.tecc.co.uk
>
> Hi all,
>
> I know that someone in this august group will know this...does
> Japan
> allow multiple dependent claims?
> And if so, are they generally encouraged (as in Europe), despised
> (as
> in the US) or somewhere in between?
>
> Thanks,
> LeeAnn
>
>
>
>