The drawings for a utility patent application are one of the most important parts of the patent application. The drawings are a quick, easy way to establish some understanding of what to expect if one were to spend time reading the utility patent or application. Patent rules also require the drawings show what is being claimed as the invention. Moreover, without the drawings, … [Read more...]
Writing a patent application
Writing a patent application for an invention requires one to satisfy the written description and enablement requirements.
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A patent specification has a number of different legal requirements. One of those requirements is that the patent specification must provide a “written description” of the claimed invention. 35 U.S.C. § 112 recites that the “specification shall contain a written description of the invention ….” An excerpt from the Stanford case discussed below explains the standard to … [Read more...]
Scriptpro LLC v. Innovation Associates, Inc. (Fed. Cir. 2016) is an opinion that provides pointers on how to write a patent application based on a few of the arguments that were presented by the defendant attempting to invalidate the patent, specifically, failure to satisfy the written description requirement. By anticipating these types of arguments, it may mitigate potential … [Read more...]
In GPNE Corp. v. Apple Inc. (Fed. Cir. August 1, 2016), the written description was presented in a way that narrowly described the invention, and thus the court ascribed a narrow meaning to the terms of the claims and found no patent infringement liability against the defendant. Although the claims define the metes and bounds of what is protected under a patent, the terms of … [Read more...]
Disparaging the prior art in the patent application may narrow patent claims When a patent application disparages a prior art technique, feature, aspect or apparatus, the court may assume that there is a disclaimer of the disparaged subject matter and may then narrow the scope of the claims to exclude the disparaged subject matter if and when the patent application matures … [Read more...]