Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 146

The next portion of the patent specification sets forth the results, advantages‚ and objectives sought to be obtained by your invention. At this stage of the application, these objectives, advantages‚ and results are stated without describing the structure or elements of the invention by which these results are obtained, or the function of the invention. As discussed in Chapter 10, the claims of the patent application are directed to defining the structure, steps‚ or elements of your invention, and the function of these elements; the portion of the specification referred to now sets forth the objectives, advantages‚ and results of using the elements, steps‚ and functions set forth in the claims. Conversely, the claims do not recite results. While the claims are intended to describe what the invention is, your statement of objects, advantages‚ and results is intended to describe what the invention accomplishes. These are statements of the broad aims to be achieved by the invention that are not achieved by the prior art.

The entire background portion of the specification is what I refer to as “the sales pitch” of the patent application. This is where you explain the differences between your invention’s objectives and the prior art, set forth the advantages of your invention over the prior art, and inform the reader of the problems your invention solves. This is the portion of the patent specification that will be referred to during the examination stage to convince the Patent Examiner that the only issue is the scope of the claims, not whether or not the application sets forth inventive subject matter. Well‐thought‐out statements of objectives and results help the examiner reach this intended result.