Posts Tagged: "language"

Patent Language Difficulties: Open Mouth, Insert Foot

Patent attorneys darn near need to be magicians when it comes to language, which is the primary tool of our craft. Picking the right word and the right way to say things is critical. Even more critical, perhaps, is not saying the wrong thing, or worse yet saying something that is clear but not what you intended. Today I thought…

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 invention; or (2) realize or perfect an intermediate or component. Resist the temptation to have your patent application read like a diary of thoughts and/or personal observations regarding future research and goals. This type of language is usually not found in a patent application because it suggests that your invention is not yet completed, which could be used as an admission that the invention is not enabled and/or that you have not satisfied the written description requirement.