Read a Patent Claim

Can You Read This Patent Claim?

1. A method used in model predictive control applications for removing the effect of unmeasured disturbances from the dynamics of a controller model of a process having a plurality of independently controllable, manipulated variables and at least one controlled variable dependent upon said independently controllable, manipulated variables comprising the steps of:            

     a. gathering data about said process by separately introducing a test disturbance in each of said manipulated variables and measuring the effect of the disturbances on said controlled variable;

      b. using said effects of the disturbances on said controlled variable to generate a first linearized dynamic model relating said at least one controlled variable to said independently controllable, manipulated variables;

      c. interchanging selected valve position controlled variables with their corresponding selected independently controllable, manipulated PID controller set point variables in said first linearized dynamic model using matrix row elimination mathematics to generate a second linearized dynamic model that has a new set of independently controllable, manipulated variables, said second linearized dynamic model having the dynamics of said selected independently controllable, manipulated PID controller set point variables removed from said second dynamic model.

So How Do You Read a Patent Claim?

How do you read a patent claim? Does this one make any sense to you?

Many people picking up a patent to read a patent claim would think it was gibberish. Partly because the technology is something they do not understand - partly because they are not aware of how claims are constructed.

Well - I will plainly admit that many claims I read for the first time seem like gibberish. 

But if you know how all claims are structured you can start to see what it might mean. So let's analyze it and after you understand it you can probably read any claim.

The Structure of Patent Claims

Here is a helpful guide on how to read a claim - any claim. Claims usually have a structure of:

              A preamble

              A transition phrase

              A list of elements

In this case the preamble is:

"A method used in model predictive control applications for removing the effect of unmeasured disturbances from the dynamics of a controller model of a process having a plurality of independently controllable, manipulated variables and at least one controlled variable dependent upon said independently controllable, manipulated variables"

and the transition phrase is:

"comprising the steps of: "  

Followed by the three elements (a), (b), and (c).

Further Explanation

The preamble describes the field of the invention. The transition phrase "comprising" (or "comprising the steps of") is found on the great majority of patents. Think of it's meaning as "including at least". Thus the invention may include many things but it includes at least the following things - and those things are the three elements (a), (b), and (c). 

So this particular patent claim contains a least these 3 elements - an invention can have many other things but if does not have these 3 it is not covered by this claim.

This leads to a concept in patent infringement law. It is called the all elements rule. If anyone tries to practice in this field - they will only infringe this claim if they practice each and every one of the three elements. If they do not practice element 2 as it is written then they are not infringing.

A Note of Warning

The above explanation is a very big simplification of claim structure. It is meant to help you to read a patent claim. And it is true - examiners expect claims to be structured this way and patent agents and attorneys write them this way. So you should now be able to apply these simple principles in reading any patent.

But if you are facing a business situation in which you are concerned about the possibility of infringing a claim - get a specialist to analyze it for you. And not just the one patent you have found. A through search must be done for any patent that might have dangerous claims. Investing a little money in a freedom to operate analysis is a small insurance policy.

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