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If you're criticizing the title of the patent or the general field of the invention, then you're missing the point. The scope of the patent is determined by the
by bdowling 7y ago
If you're criticizing the title of the patent or the general field of the invention, then you're missing the point. The scope of the patent is determined by the claims at the end. Those claims are drafted narrowly and only claim what is novel and non-obvious over the prior art, because if they were not then the examiner would not allow the patent. If the claims are non-novel or obvious, then the defendants will quickly challenge the validity of the patents and the case will be over.
- baybal2 7y agoI know that better than most of the lot here. Your trust into expertise of patent examiners is misplaced. I see not a single thing specific in their claims describing a design or manufacturing process for that device which would allow me to make it. For example, use of a "transparent conductor" connecting things is not a design decision, nor an invention just like using wires to connect electricity. No this not an invention.
- bdowling 7y agoA patent does not need to teach you or any other actual person how to make and practice the invention. It only needs to teach the hypothetical "person having ordinary skill in the art" how to make or practice the invention. See, e.g., MPEP 2163.02 [0] and MPEP 2164 [1]. [0] https://www.bitlaw.com/source/mpep/2163_02.html https://www.bitlaw.com/source/mpep/2163_02.html [1] https://www.bitlaw.com/source/mpep/2164.html https://www.bitlaw.com/source/mpep/2164.html