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How Not to Draft a Patent Application
Imagine the following hypothetical scenario. As a patent practitioner, you are given an invention disclosure and asked to prepare a utility application by the end of the week. Unfortunately, the inventor is out of town on business and is unavailable. The invention disclosure includes a one-page invention report, with a few paragraphs giving a basic description of the invention, which is a combination office heater/trash disposal device. The disclosure also describes when the product is expected to be on the market, and includes some sketches of a prototype. There is no description of similar products or related patents, and no examples of data demonstrating effectiveness. After conducting a short, informal search of the art, you draft the application. The specification describes the embodiment shown in the sketches, but the claims are broadly drafted to cover a variety of heater/trash disposal devices. The invention disclosure did not describe any advantages provided by the new device, so none are described in the application.
While the above hypothetical is certainly a less than ideal situation, it is not unusual. Patent drafters must often write a patent application based on minimal disclosure. Some practitioners take pride in their ability to do so. However, several recent landmark court cases have substantially increased the risk that a patent drafted in this manner will be unenforceable.
Cases in Point
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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