Terminology in Patent Application : Patent drafting is a subtle art. The drafter has to be careful about his/her choice of words throughout the application, as each word may add a limitation to the invention. A patent practitioner must try to choose wording that provides the broadest allowable scope of the invention. Terminology in Patent[…]
Specification and Drawings of Patent Application : It is a general requirement of a patent application that all terms and phrases used in the claims must find “clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description.” Specification and[…]
The patent application includes many sections, and two particular sections which run concurrently to describe the invention in detail are the specification and the drawings. It is important that the detailed description of the invention and the drawings have to be correlated. And the generally accepted way of achieving that has been the use of[…]
Prosecution of Design Patents : As per the US patent law, the design patents replace the “usefulness” requirement of utility patents with an “ornamentality” requirement. For a design to be considered patentable, it must include some primarily nonfunctional feature or characteristic. Prosecution of Design Patents The scope of the prior art that may affect the[…]
Ornamentality Design Patent : Design patent allow any person who invents any new, original, and ornamental design for an article of manufacture to obtain a patent protection. As per the US patent law, the design patents replace the “usefulness” requirement of utility patents with an “ornamentality” requirement. Ornamentality Design Patent It is required that for[…]
How to Refer Spatial Directions in Patent Application : Sometimes it may be required to refer to a particular direction to describe one element or in general the apparatus or the device in the description or even the claims of a patent application. Many drafters make mistakes by not describing directions in a manner that[…]
Format of Claim in Patent Application : Claims are heart of the patent application. It is a general requirement that a patent claim must be written as a single sentence. Format of Claim In the past, most of the practitioners used to follow a single-paragraph form of the claim with commas between the elements and[…]
Definiteness of Patent Claim : Claims are heart of the patent application. It is required that the specification of a patent conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor regards as the invention. Definiteness of Patent Claim The purpose of the definiteness requirement of claim[…]
Patent drafting is a subtle art. The drafter has to be careful about his/her choice of words throughout the application, as each word may add a limitation to the invention. A patent practitioner must be careful in choosing words so as to avoid absolute terms in patent application and provide the broadest allowable scope of[…]
To find the anticipation of a design patent, the same design must be found in a single piece of prior art, from the viewpoint of the ordinary observer. That is, a design is considered novel, when the ordinary observer must find that the overall appearance of the design at issue is different from any single[…]
