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How to Review a Patent Application

How can you mess up reviewing a patent application? It’s a lot easier than you think.

Some comments made by an inventor, even the most innocuous comments, can be misconstrued if a patent ever was litigated. Rather than create a messy trail of documented comments remember the most important rule:

Good news by mail, bad news by phone.

Especially about the claims – it is critical to discuss your comments, questions, or suggestions with me over the phone (or in person) and *not* write down anything about the claims.

Patent claims are incredibly hard to write – and almost equally as hard to understand, especially if you don’t work with them on a daily basis. If you have any questions, even the simplest of questions, please call and I am happy to discuss them.

Also remember that you will see your invention in the patent application, and you should see much more. I am trying to describe you *competitor’s* product in the patent application. Your invention is in there, but remember that the patent is only effective when someone else wants to infringe it.