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Author Topic: phropetic examples in patent draft  (Read 1101 times)

aarti

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phropetic examples in patent draft
« on: 12-22-05 at 12:09 am »

can anyone guide me how to word the prophetic experiments for patent specification, for which the results anticipated is known but the experimental data is yet to be received.
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Isaac

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Re: phropetic examples in patent draft
« Reply #1 on: 12-22-05 at 07:07 am »

There are no guidelines.  It is important not to indicate or suggest that something is the result of an experiment when it is not.   There have been at least two recent CAFC cases affirming invalidation of patents where data was presented as being the result of an experiment when instead it was predictive.

Staying on the right side of this issue is probably relatively easy.  I don't see a need for canned language.  Descibing such results as anticipated, theoretical, or expected would work.    Don't go overboard and suggest that some aspect of your invention is known in the art.
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Isaac

Wiscagent

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Re: phropetic examples in patent draft
« Reply #2 on: 12-22-05 at 08:02 am »

When you write the example, be sure to use the present or future tense.  It would be okay to write a prophetic example thusly:  

 Cut threads into rod "A".  Screw rod "A" into
 socket "B".  Paint the A/B combination pink....  The
 resulting pink combination is visable at a distance
 of 12 meters.

If the example is written in past tense, it implys that an experiment was already conducted.  Do NOT write a prophetic example in the past tense, like this:

 Threads were cut into rod "A".  Rod "A" was
 screwed into socket "B".  The A/B combination
 was painted pink....  The resulting pink combination
 was visable at a distance of 12 meters.


I hope that helps.

- Rich
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Richard Tanzer
Patent Agent
 



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