Re: Who actually writes the patent description?
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Posted by M. Arthur Auslander on November 16, 1999 at 12:53:36:
In Reply to: Who actually writes the patent description? posted by Barb on November 16, 1999 at 10:41:59:
: I've been researching patent information and after looking
: at numerous patents I was wondering who is it that actually
: writes the pages upon pages of descriptive verbage (for lack
: of better terminology) for them? Does a person write up the description in as much detail
: as they possibly can (along with any pictures that represent
: the idea), then hire a Patent Attorney and the Attorney
: then makes additions to protect the invention? Or are there
: guidelines that need to be followed to write the application?
The usual way it works is the inventor or inventors write out in their own way and illustrate with their drawing or rough sketches what the invention is. That usually forms the basis for a search. The disclosure is matched against the search then the patent lawyer writes the application so that the specification is a thorough disclosure to support the claims that are desired. The claims usually are modified in prosecution. The important thing is to be be able to get broad claims that will protect the invention. It is usually easy to just get any claim an examiner will allow. That seldom grants protection that gives any value to the patent. Havine a patent doesn't mean a thing. It is having a patent that serves your needs that counts. It takes a lot of practice even for the patent lawyer to be able to write a good application and get a good patent. As I said it is easy to get a patent, it is not always easy to get a good patent that gives the protection ;you need.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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