Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 120

A patent application must be drafted so that one skilled in the art can read the issuing patent 20 years from its date of filing and reconstruct the invention, without undue experimentation, from the information contained in the patent. If such complete information is not presented, the patent itself may be declared invalid by a court of law when attempted to be enforced against an infringer, on the basis that the patent itself eliminates certain essential material that is necessary to enable one to practice the invention. Therefore, it is not wise to hold back secret information from the patent attorney which would be required to furnish a complete operating working paper on how to reconstruct and operate the invention in the patent application. The enablement requirement has been very strictly construed by the courts in recent decisions, and a lack of an enabling disclosure has been the basis for invalidating several patents. Therefore, it is important to remember the enablement requirement when providing descriptive information that goes into the patent application. Keep in mind also that technical details such as dimensions, sizes, angles, materials and the like need not be set forth in the patent application, unless these details are relevant to the operation, novelty, or non‐obviousness of the invention.