Patent4U Limited
P.O. Box 2162
87 Jabotinski St.
Petah Tikva 49120
Israel
ph: +972-3-9226767
fax: +972-3-9192287
info
Scientific Patenting
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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: To improve patent applications and patents; Presents clear and
persuasive arguments to examiner or Court.
At present, there is no scientific tool to describe inventions. Inventions may be understood intuitively and are described as tales, or stories. How effective is this approach in comparing a 1,000 pages patent with twenty other, cited documents, just as voluminous and verbose?
How to compare ten drawings in one patent with ten in another? One should compare both the structure (block diagram, flow chart...) and the text there.
This reminds one of the arithmetic problems in primary school such as "A first car starts from A to B at a speed of 60 mph; after 3.5 hours, a second car starts from B to A, at a speed of..." . Such problems required a lot of ingenuity to solve, until we learned a bit of algebra, then it was simple, just routine.
Patentics™ is a new method which borrows from the methodology of physics and mathematics to describe inventions in a precise and concise way.
When the invention is scientifically described, it can be processed by computer, to search and compare millions of inventions per second.
An invention is defined or described as a three-dimensional vector comprising the variables of: 1. Structure description 2. Use/application, how it works, how it is used; and 3. Advantages over prior art and/or other Secondary Considerations.
This definition complies with Patent Law regarding Novelty, Utility and Non-obviousness, respectively. Each of the above variables is defined using standard terms with mathematical terms defining the interconnections between the terms.
Patentics: Defining inventions
Details2: The Figure illustrates...
a. Prepare a list of standard terms in use, that is the list of relevant terms for describing the invention. The terms used are drawn from the Text and Drawings.
Every scientific discipline has standard terms, accepted and understood by scientists worldwide. Preferably, each term here should be that used in the scientific discipline relevant to the invention, with a reference to an accepted document defining it.
The standard terms are used to describe the invention. These terms are the building blocks for describing the invention clearly and unambiguously.
b. Structure definition, including the components with the interconnections and/or interrelations between them, using mathematic terms. The components are described using the standard vocabulary of step (a). Thus, an invention description will define a specific structure.
The above structure definition may be used to evaluate the Novelty issue in Patent Law, providing a scientific, quantitative answer to the question whether two structures are identical, or if similar - to what degree.
c. Description of the use, function, application or benefit of the above structure/embodiment. This is an important inventive aspect, since a known structure may be used in a novel, unexpected application. An invention has to have Utility, some useful function. A new structure which does not have a specific function and use is not an invention. The use also identifies the profession of a person knowledgeable in the art for the Non-obviousness test. The result is the Invention formula™.
The mathematical structure may also indicate how it works, how the components of the disclosed structure interreact to provide the above use/function.
A sound technical basis should be presented by the inventor - the working model required in the past was not a bad idea, after all: It is only too easy to put words to paper, even if there is no technical basis whatsoever for them; let them sweat it out, to prove it does not work!
If not a model, then references to technical literature where support for the technical claims can be found or a report of some practical tests made.
Preferably, the use is described using standard terms from step (a).
d. The advantage over prior art. An invention has to advance the state of the art in some way, to do it better, faster, more precise, in a structure which is smaller, bigger, sturdier, lighter, softer, etc.
Obviousness can be evaluated according to the decisions of the US Supreme Court in KSR International Co. v. Teleflex Inc. et al., and in Graham v. John Deere Co.
An invention may be disclosed in a patent document (i.e. in the claims and description), a scientific document, a product description, etc.
Each such description may be rendered to a mathematical expression as detailed above, to be capable of being read and processed by computer.
A computer can search millions of patents, scientific and other documents, and find very fast, whether there is a similar or identical structure, for the same/similar use and offering the same/similar advantages.
Patent4U Limited
P.O. Box 2162
87 Jabotinski St.
Petah Tikva
49120
Israel
ph: +972-3-9226767
fax: +972-3-9192287
info