Make Your Disclosures Meaningful: A Plea for Clarity in Patent Drafting
Legal writing has long attracted criticism. In Gulliver’s Travels, Jonathan Swift complained of lawyers’ “peculiar cant and jargon of their own, that no other mortal can understand.” (p. 317.) More recently, Loyola Law School professor Robert Benson lamented how “[l]egalese is characterized by passive verbs, impersonality, nominalizations, long sentences, idea-stuffed sentences, difficult words, double negatives, illogical order, poor headings, and poor typeface and graphic layout.” Robert W. Benson, “The End of Legalese: The Game is Over,” 13 N.Y.U. Rev. L. & Soc. Change 519, 531 (1984). Ouch. Patent disclosures often reveal the same warts. But if “[t]he purpose of the written description requirement is to assure that the public receives sufficient knowledge,” Zoltek Corp. v. United States, 815 F.3d 1302, 1308 (Fed. Cir. 2016), why must we suffer such side effects? Drafters guilty of these crimes must’ve forgotten the public’s right to “receive meaningful disclosure in exchange for being excluded from practicing the invention.” Enzo Biochem, Inc. v. Gen-Probe Inc., 323 F.3d 956, 970 (Fed. Cir. 2002).