Posts Tagged: Patent Drafting


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 …
21 days ago 1

Functional Claiming of Computer-Implemented Inventions in View of Recent Decisions

The opinion focused on whether adequate structure corresponding to the “coordinating” function is disclosed in the specification. After determining that a special purpose computer is required to …
2 months ago 1

Avoiding Invocation of Functional Claim Language in Computer-Implemented Inventions

Functional claim language is increasingly being used by practitioners to capture the metes and bounds of an invention, especially in computer-implemented inventions. Sometimes using functional language in …
2 months ago 3

The Key to Drafting an Excellent Patent – Alternatives

The trick to drafting an excellent patent application is to describe anything that will work, no matter how crude, no matter how defective. You want to capture …
3 months ago 6

The Cost of Obtaining a Patent in the US

Estimating US patent costs is a difficult matter because so much depends on the technology involved, but answering "it depends" is not particularly insightful or helpful. What …
5 months ago 18

Patent Drafting: Identifying the Patentable Feature

Without a patent search you will invariably describe all aspects of the invention with equal importance, although we know from experience that there will always be certain …
7 months ago 4

Patent Drafting: Thinking outside the box leads to the best patent

It is absolutely essential to think outside the box when describing your invention in any patent application. Stop and think about different ways that your invention can …
8 months ago 12

The Disclosure Revolution – A Report from the Front, 2014

The Disclosure Revolution is an ongoing process that has transformed patent law over the last couple of decades. While courts continue to say, “The claims define the …
8 months ago 1

The Importance of Keeping an Expansive View of the Invention

You want to capture everything you possibly can in a patent application. That means generally describing the invention, it also means specifically describing the invention and all …
10 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

The Patent Drafting Disclosure Revolution: Don’t Ask Alice

No question exists that patent eligibility under Section 101 has been, and remains, the most active question in patent law. Watching the rapid flow of cases back and …
11 months ago 4

Patent Drafting: Ambiguity and Assumptions are the Enemy

Explaining the function of the invention is helpful, but only explaining something in terms of function leaves many questions unanswered because it is not terribly descriptive. For …
11 months ago 0