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As a matter of fact, it is normal for patent examiners to not even read the invention specification and focus only on the claims. I was surprised to learn that
by astrodev 8y ago
As a matter of fact, it is normal for patent examiners to not even read the invention specification and focus only on the claims.
I was surprised to learn that from a patent attorney, but it seems to be common knowledge, e.g. [1]. Upon reflection, that's the only way it can work. A generalist patent examiner could never understand all the inventions given the volume of applications they must handle.
[1] http://www.ipwatchdog.com/2016/07/25/anatomy-bogus-alice-rejection/id=71192/ http://www.ipwatchdog.com/2016/07/25/anatomy-bogus-alice-rej...
- jwatte 8y agoIt's only the claims that matter, but the claims typically draw on vocabulary and context established in the disclosure. Often, part of getting a patent granted is clarifying the disclosure such that the examiner can understand the idea and how it's different from previous art.