Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[cskbcs]

hello friends

would u pls tell me how to write claims?

thanks
cskbcs

[Wiscagent]

ken eye ass ume dat de question is a joke?

- - - - - - - - - - - - - -

-      Write patent claims so that they are neither anticipated nor obvious in light of any known or unknown prior art.
-      Write the claims unambiguously so that their meaning will be understood by whatever examiner, juror, or judge looks at them.
-      Ensure that the claims are in compliance with the requirements of the patent offices of all countries in which the patent application will be filed.
-      Protect all commercially valuable embodiments of the invention regardless of whether the inventors have envisioned the embodiments.


That’s all there is too it.

Richard Tanzer

[Jonathan]

Also write about 40 to 50 patent applications, with feedback from an experienced practitioner, and one will start to get the hang of it.

[JSonnabend]

Hire a qualified patent attorney to do it for you -- and to draft a spec that satisfies 35 U.S.C. §112 as well, while you're at it.

- Jeff

[JimIvey]

I'll offer an alternative suggestion:

Go read a book like David Pressman's Patent It Yourself or Landis on Claim Drafting (I think the real title is longer).

Then, if you have specific questions, come back here.

To paraphrase basketball coach Bobby Knight to a reporter many years ago, I've forgotten more about claim drafting than most pro se applicants will ever know.  

When you've got the basics down and have questions about some of the finer points, we can help you.

Regards.

[Isaac]

Jim's advice as usually is excellent.  

Pressman's book does treat claim writing, but Pressman suggests that the drafting of claims is one thing that perhaps the do it yourselfer might leave to a professional.   I'm not pushing that approach on the OP, but I am suggesting that the treatment of claim writing in Pressman's book is incomplete.

Landis on the other hand is nearly exhaustively complete about the mechanics of drafting claims.  I believe that most of Landis is approachable for the non practitioner.   While it is significantly more expensive than "Patent It Yourself" and somewhat less accessible, if you are going to draft claims as a pro se, Landis is worth the extra effort and expense.

Make sure you get as current a version as possible of either text.   I think Pressman is up to the 10th edition.

[Jonathan]

Enrolling in a claims writing class is another option.

Some companies that come to mind that provide such services is Silicon Valley Seminars ( http://patentseminars.com/ ) and the Practicing Law Institute ( www.pli.edu ) though PLI seems to offer this type of class randomly.

[JimIvey]

Years ago I took Steve Shear's seminar (Silicon Valley Seminars) on advanced claim drafting and I strongly recommend it.  It was a lot of review (I was one of the more senior practitioners there), but I did pick up a lot of things.

I've also sent a number of support staff there (he has seminars for them, too).  The book of forms alone is worth the price of admission for a solo/small firm.

Plus, hearing all the horror stories gave my support staff new-found respect for me.  ;-)  The comment was that "we decided you're not that bad."

Regards.

[Jonathan]

A couple of things of interesting things that I picked up from that class (but by no means all that I picked up):

- an Examiner has signature authority to allow an application / doesn't need someone else's permission if they have a stampblock with their name. If their name is not stamped on an Office Action, request for their supervisor (who probably has signature authority) to be present at any potential examiner interview.

- all patents issue on Tuesdays.

[Amitkumar Dharia, Ph.D.]

I recenlty took pat bar exam (2/05) and passed it first time.  The main goal was to prepare pro-se' applications to reduce initial cost.

My background is in technical area but I love reading and screening patents in wide rnage of technical fields.  I hold several patents and for most of which I had prepared first drafts.

I am planning a second career as a patent agent (can't find time to get full law degree.. have enough of college).  I do realize that writing claims is a serious business and is not a easy task.  It should be left to experienced patent attorneys in complex cases.  However, for simplae mechanical and chemcial patents, such is not the case.

Are there any on-line course on patent drafting and claims writing?  I tried to get attention of law firms in Dallas area for part-time enrty level position but have not found any yet.  Everyone needs a full time employee.

Guidance from experienced full memebr of this forum will be helpful.

[haha]

"Simple chemical patents." Now that is funny! You should leave it up to the professionals.

[sami]

I'll offer an alternative suggestion:

Go read a book like David Pressman's Patent It Yourself or Landis on Claim Drafting (I think the real title is longer).

Then, if you have specific questions, come back here.

To paraphrase basketball coach Bobby Knight to a reporter many years ago, I've forgotten more about claim drafting than most pro se applicants will ever know.  

When you've got the basics down and have questions about some of the finer points, we can help you.

Regards.

Dear jim

The books you have suggested are very costly. can you suggest some other alternatives.

is there any online free ebooks on claim drafting. have u written any articles on claim drafting. kindly give me the path for the same.

thankyou.
sami

[Isaac]

Pressman's book is $50 at the bookstore but may be found online
for a lot less.  Landis is several times more expensive.  Neither
price ought to be a serious obstacle for someone who says they
want to be a patent agent.

There are some materials of varying quality on the Internet.
I seem to vaguely remember some materials from some law school
patent courses that seem to hit some very basic points.

You're going to have to do your own googling.

[Wiscagent]

Sami -

In your note you don’t use proper punctuation, capitalization, or even write out words.  You didn’t have the discipline or ability to carefully write a short note; it is unlikely that you will have the discipline to write a proper patent application.

The USPTO fees for a patent application that goes all the way to issue are about $1000.  Whatever your invention is will cost many times that to develop, build, and market.  If you are concerned about a few hundred dollars for books, it is unlikely that you have enough money to exploit your invention.

I hope these comments did not offend you.  I wish you well, but perhaps it is premature for you to apply for a patent.


Richard Tanzer

[sami]

Sami -

In your note you don’t use proper punctuation, capitalization, or even write out words.  You didn’t have the discipline or ability to carefully write a short note; it is unlikely that you will have the discipline to write a proper patent application.

Richard Tanzer

Please be informed that i am not a patent professional. However i am interested to learn claim drafting. If i were a patent professional, i would not have worried about money. Also note that i do know some of the basics of patent application and claim drafting. Although you didnt offend me by your earlier post, but it was in negative sense. In my earlier post, i didnt ask whether i  would be able to prepare a patent application or not. Please note that i have learnt many things from this forum ( especially from people like you, jim ivey, clark) and it induced me to explore more things in Patents. Out of this interest, i have asked information about online books. FYI, i am not from US.

Thanks

sami