Posts Tagged: enablement


Describing an Invention in a Patent Application

It is absolutely critical to understand that this complete and full description MUST be present as of the filing date of your application. If you file an …
26 days ago 1

Enablement – Did the public receive all it contracted to receive?

A claim drafted too broadly may not be enabled and hence be invalid. Yet, the temptation to claim broadly often leads the patentee to ignore this …
6 months ago 3

A Patent Drafting Checklist

Drafters need to think both outside and inside the claims. Outside thinking aims to make the court’s task easier by providing claim terms amenable to straightforward, …
11 months ago 2

Patent Drafting: Top 5 Critical Things to Remember

Many times inventors fail to adequately describe their inventions because the invention is obvious to them, and they think it will be equally obvious to others. The …
1 year ago 25

AIA Oddities: Trade Secrets, Re-patenting and Best Mode

Not every claimed invention will be able to be re-patented, but there will undoubtedly be some that will be able to be re-patented. This is possible thanks …
2 years ago 5

Turn Your Idea into an Invention with a Good Description

In reality, it is probably better to think of the description requirement as the core to patentability. If you can describe your idea with enough specificity you …
2 years ago 15

Patentability Overview: Obviousness and Adequate Description

In a nutshell, an invention would be obvious when someone knowledgable about the area would look at your invention and consider it to be already known; not …
3 years ago 11

Patent Drafting: Drilling Down on Variations in a Patent Application

One of the challenges that a drafter faces when trying to satisfy the enablement requirement is with respect to describing things that can and will vary depending …
4 years ago 1

Turning Your Idea into an Invention

One thing that many individuals and professional inventors employed by corporations (i.e., "kept inventors") have in common is that they frequently do not perceive what they …
4 years ago 3

Patent Drafting: Language Difficulties, Open Mouth Insert Foot

What I refer to as "experimental language" either explicitly or implicitly suggests that further experimentation is or will be necessary in order to: (1) realize or perfect the …
4 years ago 2

Did the CAFC Miss the Real “Written Description” Issue in Crown Packaging?

In my view, both the majority opinion, as well as Judge Dyk’s dissent, miss the real “written description” problem in Crown Packaging which has nothing to …
4 years ago 5

Tricks & Tips for Describing An Invention in a Patent Application

The back bone, however, is made up of many smaller bones. For example, there are seven cervical vertebrae in the necks of all mammals, and these bones …
4 years ago 20