Practical Tips for Patent Drafting

Patent Attorneys’ Misguided Obsession About Costs

Hand wringing amongst patent attorneys show their misguided view of their clients. Patent attorneys work in a bubble that is completely hidden from laypersons, but is an incredibly loud echo chamber. An example is the current obsession and endless handwringing over the USPTO’s DOCX filing requirement. The issue is that the USPTO prefers that you…

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Every Word Hurts You: Patent Claims

Every Word in the Description Hurts You, and the Claims Hurt You, Too. The length of the claims really matters.  The length of the specification is important – but only up to a point. There was an old joke in the Patent Office that when a claim is longer than your hand, it must be…

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Patent Descriptions: Every Word Hurts You

Every Word in a Patent Application Hurts You The patent application has two parts: the specification and the claims. Every word in the specification is a trade secret you give away to your competitors. Every word in the claims narrows the claim and limits your enforceable rights. Long Specifications Hurt You Many clients are told…

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Why patents in September are a bad thing

The USPTO issues more Office Actions in September than any other month. Why is that? The chart above shows the USPTO pendency of First Actions over the last two years. Notice that there is a huge difference in September for the last two years. What is this effect? Patent Examiners have production goals and bonuses.…

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Non-transitory storage media

If you have a patent claim with the term “non-transitory storage media” – you should find another patent attorney. The history of the “non-transitory storage media” claims. Who can you sue with a “non-transitory storage media” claim? Problems with the “non-transitory storage media” claims. What you can tell if your attorney uses “non-transitory storage media”…

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Over-broad Patents Are No Longer A Good Thing

It used to be that “broad” patents were the best things for litigation. That is no longer the case. A patent drafting theory from 10 years ago was to draft a patent with the loosest language possible and go for claims that are nebulous. This drafting theory results in extremely broad descriptions of an invention…

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