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Article #17054Re: Recommend a book on "Patenting Your Invention"?
From: Chris "Systems Stud" Pikus
Date: Tue, 12 Jan 1993 21:55
Date: Tue, 12 Jan 1993 21:55
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pmw2c@csissun10.ee.Virginia.EDU (Paul Michael Wayner) writes: > > One thing that I would suggest is that you may want to consult > a patent attorney about writing the claims for your patent > application. If the claims are written improperly you will > either get rejected in your application, or you will end up > with a patent that is worthless. I used to be a patent examiner > and most of the people who filed there own applications tended > to have poorly written claims. > > Paul Wayner Paul is correct. Claims drafting is where the art/skill/science is at in a patent application. What you are paying a Patent Agent/Attorney for is not just to file paperwork, but to correctly draft the patent. If the claims are too broad, the patent may not hold up to later chal- lenge; infringers may claim that your patent was "obvious" and/or "not patent- able in the first place". If they are too narrow, the entire "invention" may not be protected. (i.e. Someone else can make something similar to your invention but does not infringe upon your claims.) If you think it is worth money, spend the money to get it done right. P.S. Someone mentioned that trade secret protection may be a better way to go. The problem is that if the secret gets out, then you have no pro- tection left. With a patent, even if someone "re-invents" it, you still have rights to it. -- Christopher J. Pikus, | "Forgive me for not knowing about El Salvador. Megatek Corp., San Diego, CA | Like it's not like I'm ever going to go to Spain INTERNET: cjp@megatek.com | or anything." -- "Buffy the Vampire Slayer"
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Newsgroups: sci.electronics,misc.legal Path: arc1-ca.pugleaf.net!sparky!uunet!haven.umd.edu!darwin.sura.net!bogus.sura.net!howland.reston.ans.net!usc!news.service.uci.edu!ucivax!megatek!cjp From: cjp@megatek.com (Chris "Systems Stud" Pikus) Subject: Re: Recommend a book on "Patenting Your Invention"? Message-ID: <1993Jan12.215537.6254@megatek.com> Organization: Megatek Corporation, San Diego, California Date: Tue, 12 Jan 1993 21:55:37 GMT Lines: 33