An invention in patent document is considered patentable if it meets three prerequisites; novelty, non-obviousness and industrial applicability. The term ‘sufficiency of disclosure’ or enablement refers to a patent law requirement according to which a patent application must disclose a claimed invention in sufficient detail for the notional person skilled in the art to carry[…]
Transitional term in a patent claim contain only three main components, a preamble, a transitional term such as “comprising” (or some other transition phrase) and a body. That is, the transitional term is the word between the preamble and the claim body. Transitional terms in patent applications are important and materially affect the claim, as[…]
Patent claim construction is a fundamental issue in any patent infringement litigation. It is the process by which a court or other tribunal determines the scope and meaning of a patent’s claims. In most patent infringement litigation cases, the process begins with: The Court first construes the patent claims, and The Court then evaluates the[…]
During patent file history the patent examination process, called “prosecution”, the patent examiner will examine the patent application to determine if the requirements for obtaining a patent are met. The patent “file history”, also sometimes known as “file wrapper” (particularly for US patents) is a record which contains all of the documents pertaining to a[…]
Examining File History information contained in the file history may be very important to analyze a particular patent. The information in the file history helps to fully understand the scope of claims of the patent (prosecution history estoppel), and further can be used to demonstrate the nature of the invention, important dates of the examination[…]
Difference between utility vs. Design Patent. Design patent is generally the lesser-known and more modest compared to the utility patent. A utility patent usually has a detailed technical disclosure including claims, description and drawings. The claims of a utility patent list the elements of the invention and establish the scope of patent coverage. The design[…]
Claims are the legally-operative part of a patent application around which everything revolves. The claims of course define the invention for which the exclusionary right is sought. The legal standards must be met by the claimed subject matter, not merely what is disclosed in the specification. Patent Claims Drafting In a patent drafting process, one of[…]
Many businesses and inventors use provisional patent applications as a first step in protecting their invention. Filing provisional patent application is an optional step. If you are at a stage where you might have complete information about your invention then you can directly go for complete specification. However, if you are still in a testing[…]
It is a general requirement that while drafting a provisional application one should ensure that the subject matter to be claimed by a complete application is “enabled” in the provisional application. Otherwise, when you file claims in the complete application that was not enabled in the provisional application, you may not be entitled to the[…]
