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How to Write a Patent Application-Deconstruction and Rebuilding Approach November 14, 2005

Posted by mais in Patent.
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Anything Under the Sun Made By Man: How to Write a Patent Application ? Deconstruction and Rebuilding Approach: “How to Write a Patent Application ? Deconstruction and Rebuilding Approach

Curtsey –Anything Under the Sun Made By Man: ?
There are several different styles of patent applications, each being a certain response to a specific business situation and prosecution strategy.

I use a deconstruction and rebuilding approach, detailed below, for applications where the prior art is reasonably well known, a product is reasonably well known or anticipated, and thus the claims can be well tailored.

For example, if the inventor knows the art very well and has worked at or near the top of the field for a period of time, I have reasonable confidence that they can distinguish their invention and the prior art. Also, if I have a reliable search done using a draft set of claims, we may be confident enough in the prior art to know what would reasonably be allowed by the Patent Office.

The method for drafting the patent application is quite simple: deconstruct the invention down to the claims, then rebuild the description to match the claims. This method results in an application that is very tight and fully supports each element of the claims very well, but it might not have much fat or excess that could be used as backup claims if the original claim set must be significantly altered. These applicati”

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