Posts Tagged: "Patent Drafting"

Tricks & Tips for Describing An Invention in a Patent Application

The back bone, however, is made up of many smaller bones. For example, there are seven cervical vertebrae in the necks of all mammals, and these bones together make up a portion of the back bone. Therefore, a more complete description of the backbone would point out that the neck is a part of the backbone. An even more complete description might include saying cervical vertebrae 1 (i.e., C1, which is a part of the neck) is connected to cervical vertebrae 2 (i.e., C2) and so on. The point is that the more description you provide the better, but you absolutely must have at least the big picture overview of how everything fits together, and how to make and use the invention. Therefore, be sure that you have disclosed with as much detail as possible how all the pieces of your invention connect, work together, function and interrelate.

Patent Drafting: Defining Computer Implemented Processes

So what information is required in order to demonstrate that there really is an invention that deserves to receive a patent? When examining computer implemented inventions the patent examiner will determine whether the specification discloses the computer and the algorithm (e.g., the necessary steps and/or flowcharts) that perform the claimed function in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor invented the claimed subject matter. An algorithm is defined by the Patent Offices as a finite sequence of steps for solving a logical or mathematical problem or performing a task. The patent application may express the algorithm in any understandable terms including as a mathematical formula, in prose, in a flow chart, or in any other manner that provides sufficient structure. In my experience, flow charts that are described in text are the holy grail for these types of applications. In fact, I just prepared a provisional patent application for an inventor and we kept trading flow charts until we had everything we needed. Iterative flow charting creates a lot of detail and the results provide a tremendous disclosure.

Drafting Patent Applications: Writing Patent Claims

I am frequently asked if it is a good idea for inventors to file their own patent applications, and every time I am asked that question I suspect the person doing the asking already knows the answer, but is hoping that they might find someone who will tell them what they want to hear. You have probably seen the commercial where the guy is sitting at his kitchen table and is on the phone with the surgeon who is telling him where to cut to take out his appendix while using a butter knife. The guy asks: “shouldn’t you be doing this?” Well, writing your own patent application is a little like taking out your own appendix.

Patents: A Most Difficult Legal Instrument to Draft

    An updated version of this article is available at: https://ipwatchdog.com/2014/05/17/patent-drafting-not-as-easy-as-you-think/id=49638/    

Apple’s Solar iPod & iPhone

  One month ago today a patent application filed by Apple Computer back on October 20, 2006, was published by the United States Patent Office.  The application titled Solar cells on portable devices could signal the entry into a new generation of mobile devices, more particularly the entry into the age of the solar iPod and iPhone. Now, while this…