Posts Tagged: Patent Drafting


Is This Patent Any Good? How to Tell a Good Patent From a Bad One

Many inventors boast that they did not understand their patent application because their attorney used "legalese." Some even joke that it was so dense that they did …
By Russ Krajec 10 days ago 7

Pursuit of Extremely Short Patent Claims

Dear Patent Attorney, Please stop filing extremely short, overly broad patent claims. I recently conducted a study to measure the effectiveness of various prosecution strategies. The study …
By Eric Sutton 14 days ago 28

A Better Way to File Patent Applications

The PathWays system is designed to help applicants predict which art units an application is likely to be filed before the application is even filed. A unique …
By Megan McLoughlin 2 months ago 8

Patent Drafting: Define terms when drafting patent applications, be your own lexicographer

Being your own lexicographer means is that you who can define your invention using whatever terms you choose, and after attributing pretty much whatever meaning you want …
By Gene Quinn 3 months ago 0

Patent Language Difficulties: Open Mouth, Insert Foot

Lately I have been in an “educational” mindset more than usual. Next week I will be in Chicago for another live PLI patent bar review course, I …
By Gene Quinn 3 months ago 2

Patent Drafting: The Use of Relative Terminology Can Be Dangerous

The use of relative terminology, which are short-hand terms that express a certain similarity, are quite common in every day conversation, but are not always appropriate for …
By Gene Quinn 4 months ago 5

Patent Drafting: Learning from common patent application mistakes

One of the biggest mistakes I see inventors make is they spend too much time talking about what the invention does and very little time explaining what …
By Gene Quinn 4 months ago 0

Patent Drafting: Distinctly identifying the invention in exact terms

In short, a concise description of an invention is an inadequate description of an invention, period. The goal has to be to provide a full, clear, exact …
By Gene Quinn 5 months ago 3

Patent Drafting: Understanding the Specification of the Invention

This so-called adequate description requirement pertains to the level of description that must be included in the ''specification,'' which is most typically defined as that part …
By Gene Quinn 5 months ago 4

Tricks & Tips to Describe an Invention in a Patent Application

On excellent way to make sure you are including an appropriately detailed description that treats a variety of variations and alternatives is to have many professional patent …
By Gene Quinn 5 months ago 0

Best Practices for Drafting Software Patent Applications post-Alice

Don't be afraid to make the technical disclosure long, dense and difficult to read, at least for those without technical training. In my opinion one of the …
By Gene Quinn 6 months ago 12

Patent Drafting 101: Beware Background Pitfalls When Drafting a Patent Application

Pitfalls to be on the lookout for when you are preparing the Background of the Invention. First and foremost it is critical to remember that your patent …
By Gene Quinn 9 months ago 3

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 …
By Gene Quinn 10 months 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 …
By Nicholas R. Mattingly 12 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 …
By Nicholas R. Mattingly 12 months ago 3