Posts Tagged: best mode
Patent Drafting 101: Going a Mile Wide and Deep with Variations in a Patent Application
You absolutely want to file a patent application with a description that is a mile wide — that part is good — but you also need to also drill …
Generic Examples of Claimed Compounds Do Not Satisfy Enablement Requirement
On June 21, 2017, In Storer v. Clark, the Federal Circuit affirmed a Patent Trial and Appeal Board’s interference decision, which awarded priority to Clark’s pending application (…
Patentability: The Adequate Description Requirement of 35 U.S.C. 112
The crux of this so-called adequate description requirement is that once the first four patentability requirements are satisfied the applicant still must describe the invention with enough …
Patent Drafting 101: The Basics of Describing Your Invention in a Patent Application
One big mistake inventors make is they will go on page after page in their draft patent application about how they came up with the idea for …
The Best Mode Requirement: Not disclosing preferences in a patent application still a big mistake
The best mode requirement still exists, although the America Invents Act (AIA) has largely removed any consequences for failing to disclose the inventor’s best mode, which …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
America Invents: A Simple Guide to Patent Reform, Part 1
There will be plenty of time to drill down on the particulars of the America Invents Act. The Act is dense, language choices from section to section …
