Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 138

On the basis of historical development, the patent application today must clearly and completely include a specification that sets forth a complete and proper description of the invention, and claims that specifically define the scope of patent protection sought by the inventor. The patent application also must result in an issued patent that will advise and inform the public of the strict definitions of the metes and bounds of the technology protection you have obtained from the government. Competitors must be able to easily ascertain what they can produce and what they cannot produce in view of the patent fence that has been erected through your patent. The patent application specification must also describe each important detail of the structure and at least one cycle of operation of your invention. The claims must also define your invention beyond the state of the prior art. Your patent is ultimately a technical paper advising posterity of the advance in technology embodied in your invention. Remember, the history of the patent laws stresses that the 20‐year exclusive position in your invention is granted as consideration for the full and complete disclosure of your invention to the public for use after your patent rights expire.

In my law school course, where I teach students on track to become patent attorneys, I begin my lecture on patent application preparation by indicating that the application is basically a sales document, where you are selling the concept to the Patent Examiner that the application defines an invention, without question, and that the only issue for examination is to ensure that the invention has been adequately defined over the prior art in the claims.

The patent application itself, in general terms, consists initially of a statement of the field or art to which the invention pertains. This is followed by setting forth the problem which the invention is directed toward solving and a statement of how others have attempted to solve the same problem and failed. This is followed by stating that your invention will achieve certain advantages and results that are not achieved by the technology shown in the prior art, and this is followed by a statement, in summary form, of the specific structure, elements‚ and/or function of your invention which provide these advantages, objectives‚ and results.

Following the above in a patent application is a brief description of the various drawing views, where applicable, followed by a complete description of the invention, which sets forth in concise detail a description of the complete interrelated structure of the invention, referring only to important elements of the invention, followed by a description of at least one cycle of operation. This is followed by the all‐important claims, which will be discussed separately in Chapter 10.

The above general “outline” for a patent application usually varies among some patent attorneys. For example, some patent applications are drafted without reference to advantages, results‚ or objectives. Whatever preparation technique was used to prepare your application, satisfy yourself upon your review that all aspects of your invention are clearly covered in the patent application.