Never criticize claims in an email. Call to make the criticisms.
Once the process is explained, I have one warning: do not criticize my claims in an email. Most of my inventors are tech savvy and use email for everything. I stress to them that even though out conversations may be protected by attorney/client privilege, there is no need to generate unnecessary problems.
I paint them a picture of their competitor’s attorney standing in front a big easel with their email blown up to giant size, explaining to a jury “The Inventor himself said that this claim is not patentable” or “Look, the Inventor said this limitation is too broad”.
I implore them to call me or send an email requesting a telephone call. We can talk about the claims all we want, beat them around, get other people’s opinions, or argue about them, but please do not write those kind of comments and send them to me.
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