Legal Question in Intellectual Property in Utah

Patent Claims

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?


Asked on 9/09/03, 11:02 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Patent Claims

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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Answered on 9/09/03, 12:28 pm


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