Q: Understanding the patenting phrases in patent applications
I was told I should not use "may" in my PPA. Though, In patents like:
https://patents.google.com/patent/US20120306631A1
They are using may in plenty of examples, "shifted second portion may comprise providing","Another potential advantage may include using", etc.
Am I missing something? Also, In other applications I see phrases like "in other cases", "in an alternate embodiment", and "Another potential advantage may include." Do those phrases mean that those are futuristic ideas. Lastly, can someone invent something on paper with all the possible outcomes with comprehensive details on implementation without having to make it in real life? For example, the patent above. They suggested a system which may be available on mobile devices as software and separate apparatus and yet its not on the market. I am making my own PPA because I cannot afford a lawyer. I was told one can make the PPA alone.
P.S. Thanks Mr. Peter for the valuable info on the other questions.
A:
(8) I think that I have led you astray. Sorry about that. There is no guidance that suggests that you should stay away from the word "may". I use it all the time. However, your claims must be definite so that the reader can tell whether a product/process is or is not within the scope of the claims.
You should give various alternatives of your invention in the description to describe your invention. When describing these alternatives, then you certainly can use the word "may". The use of the term "may" will also help you from limiting your invention to the examples that you provided.
(9) Your question about inventing something on paper only is a common one. It depends on "the predictability of the art." See MPEP 2164.03. Some fields are considered "unpredictable" and the inventor needs to actually make the product. Inventions in chemistry are like that. But in fields such as yours, it is generally sufficient to just describe the product without actually having to build it.
Good luck with your drafting of the application! If you need help, you may consider getting a book called "Patent It Yourself" by David Pressman from Nolo Press.
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