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Patent Drafting: DNUOPOHTRAITCOS

Tue, Nov 15, 2016
DNUOPOHTRAITCOS: Do Not Use Obscure, Proprietary, Or Hard To Remember Acronyms In The Claims Or Specification. Do not use an acronym unless the acronym is more common than the underlying words. The same goes for an abbreviation. HTTP, RAM, API are acceptable acronyms. Each acronym is acceptable because the acronym is more widely known and used than the words that the acronym represents.

Patent Drafting: Detailed and Broad, Never Vague

Tue, Nov 1, 2016
A patent specification should be as detailed as possible, including as many specific examples and embodiments as possible. However, the claims in the patent should be as broad as possible. One of my biggest pet peeves is when a patent practitioner that should have a kung-fu-like grip on this topic says something like the following, referring to drafting patents: “Attorneys are taught the art of both being hyper-specific, which is necessary at times, but also the art of being anything but specific.

Strict Antecedent Basis: Sets and Iteration

Fri, Oct 28, 2016
I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Sets Attention: courts may construe a “set” of objects as two or more objects. Construing sets to mean two or more is a ridiculous interpretation because one skilled in the art of software knows that a set can comprise zero or more objects.

Strict Antecedent Basis: Blocks and Scope

Thu, Oct 27, 2016
I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Blocks A block is a group of components or steps that are related. Block that are multi-line blocks should be visually identifiable with indentation. The first line of a multi-line block should end with a : and each subsequent line in the block should have a deeper indentation than the first line of the block.

Strict Antecedent Basis: Noun Phrases

Wed, Oct 26, 2016
I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Noun phrases Noun phrases are the building blocks of clear claim language. A noun phrase is a word or group of words that functions in a sentence as subject, object, or prepositional object. A noun phrase in a claim should be clearly defined so that future references to the noun phrase are easily recognized.

A Well-Written Draft Patent Application

Tue, Oct 25, 2016
I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Introduction A patent application should be, in order of priority: Technically correct, Drafted according to legal requirements, Easy for the inventors to read, Easy for potential judges and jurors to read. Adhering the rules below will help you to prepare an application that has the above properties.

Strict Antecedent Basis: Introduction

Tue, Oct 25, 2016
I am updating, or adding to, this page. Please let me know if you have suggestions or fixes. You can let me know on Twitter (@is4tomj) or make a pull request on https://github.com/is4tomj/is4tomj-hugo. Introduction “It is of utmost importance that patents issue with definite claims that clearly and precisely inform persons skilled in the art of the boundaries of protected subject matter.” MPEP 2173; see 35 U.