Posts Tagged: written description


Patenting business methods and software still requires concrete and tangible descriptions

The key to obtaining a software patent is to thoroughly describe the system and processes from a technological level. As to Judge Chen explained in DDR Holdings, …
2 days ago 0

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: 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

Patent Drafting: The Detailed Description Should Include Multiple Embodiments or Examples

Along with their ABC’s and multiplication tables, patent lawyers learn two basic principles. First, claims define the invention. Second, a court should not read limitations from …
1 year ago 7

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

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

Patent Pricing – You Get What You Pay For

It takes time to prepare a detailed written disclosure that will support any number of claims, and there is just no way to rush it. Inventors and …
3 years ago 15

Santarus v. Par Pharmaceutical: Rader and Newman Disagree on Written Description Support for Negative Limitations

Last week the Federal Circuit decided the case of Santarus, Inc. v. Par Pharmaceutical, Inc., which dealt with whether a drug covered by an Abbreviated New Drug …
3 years ago 13

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

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

Describing Your Invention Completely in a Patent Application

It is also very important to explain with as much detail as possible, paying particular attention to unobvious or counter-intuitive steps, connections or limitations, paying particular attention …
4 years ago 8

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