Friday, April 17, 2009

103 patent drafting

• Unexpected results more important
– Stress this in specification
– Describe how invention surpasses ordinary innovation
/ common sense
• Avoid discussing “the problem” in the

Emphasize in specification the new functionality
that is not achieved by prior art
• Capture new functionality in claims
– Avoid list of elements that may be considered old
• Submit objective evidence of nonobviousness in
a declaration under 37 CFR §1.132 by an
inventor or other witness
– Show evidence of unexpected results, commercial
success, long-felt need, failure of others, copying by
others, licensing, and skepticism of experts.

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