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?
1 Answer from Attorneys
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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