Patent Drafting Tips

When we write patents, we keep a close eye on how to defeat an attack by a knock-off artist using big law firm dirty tactics. We protect attorney/client privilege. We use leading edge searching techniques to find closest prior art. We write claims based on over 1000 successful patents issued by the patent office in mechanical, electrical, software, and chemical arts. We help you find prototypers like Rapidpro for plastics and other independent industrial designers. We try and help you keep a big picture view on your business plan and patent investments using experiences gained from over 5000 startup clients since 1986.

Regarding software patents, we recently got two issued over any Alice rejections, 10,248,387 and 10,009,467. See USPTO.GOV search Rick Martin and see recent ten million series issued patents. CallNQ is a live call the IRS system. Rick's own space warfare patents stem from US 8,757,552. Others include an animal waterer, tripod holding an umbrella, non-lethal smart bullet (maybe for schools), and a traffic light snow shield (so you can see the red light in a snowstorm). We helped five clients present at the Annual Hardware Show in Vegas and helped man their booth.

Someone once said that if doctors acted like lawyers, America's life expectancy would drop twenty years! Often I am asked to pick up the pieces of a pending utility patent application. Sometimes these are from large law firms, too. The sad fact is that even large patent law firms sometimes file terrible applications, either without a good prior art search or without a clear understanding of the key point of novelty of the invention. Some cases have an older patent lawyer writing overbroad claims just to try the old style of throwing a broad net and slowly narrowing the claims in Amendments. This does not work anymore since KSR limits the ground you gave up, leaving narrow easy-to-design-around claims. An example is "one inch" means exactly one inch, not one and one-tenths inch --if you use the old style broad claim approach. Other repairs I have done require digging into the exact novelty of the invention-often taking hours of studying all the related patents. So then I can focus up to three (free) independent claims on the inventive step. Other patent lawyers seem to throw a bunch of stuff at the wall, hoping something will stick. Now use of the Abstract is key to getting found by a buyer! Only the Abstract is translated into all languages so as to allow a buyer/licensee  to shop. For example I would use the words snow, ice, blinding mist, frost, frozen smog in an abstract describing an antifreeze cone on a traffic light so as to stop an ice buildup from obscuring the Red Light. As a patent writer I have to sell a buyer in the Abstract, a jury in the Background, and The Examiner in the Detailed Description as well as a potential expert needed at trial. So my combined litigation and prosecution experience is valuable to choose words and phrases that each audience may be especially tuned to. It does take about five years of practice to get really good at writing claims. Over my career I have trained about twenty patent lawyers, and my training shop is closed. I offer my proven pen to maximize your invention's legal strength in an unjust world dominated by human greed.


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