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Patent4U Limited
P.O. Box 2162
87 Jabotinski St.
Petah Tikva 49120
Israel

ph: +972-3-9226767
fax: +972-3-9192287

Patentics™: Scientific Definition of Inventions

Function: Presents a clear, concise and precise description of inventions

Use: Addition to patent application, to help get patent approved; addition to patent, to strenghten it; support during Markush proceeding for USA patents.

Benefits: Helps improve patent applications and patents; Presents clear and persuasive arguments to examiner or Court. Details:

How to get patents approved? A key factor is a good invention description. USA Patent Laws demand a written description of the invention in such full, clear, concise, and exact terms as to enable others to make and use it.

We often invest much time, effort and planning to achieve a simple, clear and logical description. Over time we improved our methods; being also engineers, we developed scientific tools to replace the storytelling approach hitherto used.

Patentics(TM) Patentics: Defining Inventions

  • Defining Inventions

    The Figure illustrates a method for defining inventions, comprising:

    a. Defining a Framework for defining the invention; within this framework may be defined, according to the relevant Patent Laws of each country or region or PCT, the relevant Patentability Criteria and the Standard Terms in use. Preferably, only the standard terms may be used to describe the parts of the invention and their operation, the benefits achieved, advantages, etc.
    Thus, the same terms may be applied to all the inventions and the same criteria, to achieve a reliable, repeatable performance.

    The patent drafting software or method used may present questions based on the patentability criteria to the applicant, for example:

    1. What it is, that is to be patented?
    R: Is it non-excluded matter?
    2. What it does? What is its function or use?
    R: Complete disclosure. Utility.
    The inventor knows what the invention should do, so why not disclose it to the Patent Office?
    3. How it is done? The structure, components, operation, chemical structure of the invention.
    R: Complete disclosure. Utility. Novelty.
    4. Benefits. what the new structure will accomplish, what is the benefit to society.
    R: Non-obviousness using Secondary Considerations for example.

    b. Invention Definition, within the Framework defined above; free-text description of invention like in prior art, and a description of the invention using Math equations.
    The two representations are equivalent.
    Here, a concise and precise definition of the invention is achieved. The Textual version is mostly for humans; the Equation - more for computer use, for automatic comparison of inventions.
    The two versions can be compared manually, to ensure their equivalence.

    c. Support for the invention description: here may be presented a cross-reference between Text and Equations, to allow further verification. This may be implemented as pointers or links between the two versions.
    Moreover, the support may also include links to support the equations in text, drawings and others and/or links to support the free text in text, drawings and others. The Links may point to the full patent application including all its parts, including for example the text, drawings and computer software included there.

    Such a structure may allow automatic processing of the invention and also its verification by examiners, applicants or patent attorneys, to ensure that the substance of the invention is not affected by the transition to an Automatic Representation.

    Patentable Subject Matter: According to the decision of the US Supreme Court in Diamond v. Chakrabarty, 447 U.S. 303, 206 USPQ 193 (1980):
    1. The term "manufacture" in § 101 is read in accordance with its dictionary definition to mean "the production of articles for use from raw materials prepared by giving to these materials new forms, qualities, properties, or combinations whether by hand labor or by machinery."
    2. Congress intended statutory subject matter to "include any thing under the sun that is made by man." S. Rep. No. 1979, 82d Cong., 2d Sess., 5 (1952).

    Benefits:

    * For Applicant - protection for what he defines as his invention: a patent which grants him exclusive rights and is enforceable in Court.

    * For Patent Examiners and Courts - a well-defined invention which can be easy to process, examine, decide various issues relating to it.

    * For Society at large - an understanding of the invention, so it can reclaim it after the patent expires. What was it for which exclusive rights were granted? Answering this question helps get a patent approved.

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Patent4U Limited
P.O. Box 2162
87 Jabotinski St.
Petah Tikva 49120
Israel

ph: +972-3-9226767
fax: +972-3-9192287