Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 152

Once the patent application is prepared by the patent attorney, the application is forwarded to the inventor for the inventor’s review and comment. Once the application is correct in all details, the inventor signs a Declaration or Oath, wherein the inventor declares that he or she believes himself or herself to be the first original and sole or joint inventors of the subject matter of the application.

Upon reviewing your completed patent application, you must ensure that the invention has been adequately and broadly described, and that the claims adequately cover the invention to the extent permitted by the content of the prior art. If, upon your review, you determine that a competitor can “design around” your broad claims, advise your patent attorney, who will suggest adding even broader claims to the application to cover your “design around” embodiment. I refer to this analysis as having the inventor assume the role of “devil’s advocate” vis‐à‐vis the claims of the patent application.

I advise my clients that we, as patent attorneys, have no pride of authorship, and therefore the inventor can make any and all additions, changes‚ or comments they deem necessary. If the patent attorney concludes that certain of these recommended changes by the inventor may add limitations to the patent application rather than broadening the scope, he or she will then discuss these proposed changes with the inventor. Ultimately, once the patent application is approved by both the inventor and the patent attorney, the formal documents supporting the application are signed, and the application is filed with the USPTO to await examination.