Another lesson in writing claims

In patent claim language, comprises and includes mean the same. The use of comprises is acceptable between preamble and body of an independent claim. Further comprising is also OK in the independent claim.

In dependent claims, however, the language must use include and not comprising unless it uses further comprising.

In method claims (for ex. a. adding to database; b. associating data; c.parsing data groups), a, b, c do not imply order unless:

the claim language specifically mentions that "wherein step d is effected before step c"

or

the preamble of the claim leads into the body of the claim with comprising the steps, and not comprising steps.

PHARMACEUTICAL AD FOR ER-DYSFUNCTION FALSELY CLAIMS A PATENT

The August 25th San Francisco Chronicle, page A5, had an ad (one in many other newspapers, I suspect), from the BostonMedicalGroup.com for their proprietary process for treating performance dysfunction for those men for which the new pills don't work. One sentence caught my eye: "The secret to Boston Medical Group's success lies in The BMG Method, a proprietary treatment process for Urecktyle Dysfunction that recently received a U.S. patent. The group is the only physician network known to have acquired such a patent, ..." But what is the patent number? The ad doesn't mention it, I couldn't find it on the BMG Web site, nor could I find any patent assigned to Boston Medical Group, or two of its doctors mentioned in the ad - Barry Buffman and Alan Sperber. I am always suspicious of small companies touting patents in medical ads, because the existence of the patent means little medically, and it is all the more suspicious when it is so hard to find the actual patent.

PROCTER AND GAMBLE SUES IRS TO RECLAIM ITS PATENT DONATION DEDUCTION

Speaking of which, Reuters reports that Procter & Gamble is suing the IRS, asking to have $435 million in patent donations reinstated. The news is from http://www.reuters.com/article/americasIpoNews/idUSN1952932320080919 In 2005, the IRS audited P&G's tax returns for 2001 through 2005, with the IRS in 2008 sending P&G a letter asking for extra taxes and interest, which P&G paid upfront without agreeing with the IRS assertions. Now P&G is suing to protest the extra taxes, which it wants back. From the article: "P&G said the IRS asked for more money after looking into tax credits the company claimed for technology donated to colleges and universities, as well as artwork donated to the Cincinnati Art Museum and the National Underground Railroad Freedom Center. The IRS also denied certain credits related to spending on patent work and research, among other items."