Thứ Tư, 11 tháng 9, 2019

What is the most elegant patent application?


I associate the word "elegant" with solutions to problems that are well-defined. With that point of view, the word does not even apply to a patent application. That is, "elegance" is not even a goal when preparing a patent application.


Basically, writing a patent application is like creating software, within a budget (explicitly stated or implicit) that is going to be released into the wild for maybe 20 years, with no opportunity to fix it after it has been released.

Actually, writing a patent application is a little more difficult than that. It's more like creating the software and also writing a description of it. No matter what the software functionally can do, it is limited by its description, so you want to make the description as broad as possible. On the other hand, the description can be attacked if it says the software does more than it actually is capable of doing, so you don't want to make the description too broad.

One of the first tasks is to try to anticipate all the problems that might arise over the next 20 years or so, which is already very challenging. Then, of course, you have to try to address those problems as best you can.

Therefore, it is much more important to make a patent application as strong and robust as possible, given the limited resources available, than it is to make it elegant.

That said, as with pretty much any job, it is possible to come up with clever or even out-of-the-box solutions to certain sub-problems within the overall job. However, those solutions, while satisfying to the patent attorney, are almost always invisible to others.

I have had litigators who were enforcing patents I drafted and prosecuted, compliment me on the quality of the patent application, but it is rare that anyone else would have sufficient expertise and also an opportunity to examine a patent application closely enough to notice how good, or bad, it is.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
Source: Quora




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