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Former patent examiner here. This is the truth. Only thing I'd add is, read the claims broadly. Anything that could possibly be meant by the words in the claim.

by jballer 12y ago

Former patent examiner here. This is the truth. Only thing I'd add is, read the claims broadly. Anything that could possibly be meant by the words in the claim. If it's broad enough to contemplate what you're doing, look through the spec, correspondence (the "file wrapper"), and general knowledge at the time for arguments to restrict interpretation of scope. Also, talk to a lawyer :( edit: linked to this in another comment, and it also belongs here: "Broadest Reasonable Interpretation" http://www.uspto.gov/web/offices/pac/mpep/s2111.html http://www.uspto.gov/web/offices/pac/mpep/s2111.html

ThomPete 12y ago
Would you say it's more or less impossible to write your own patent claim? I.e. is there some book or some resources that could teach you to do it or is the knowledge required too big?
- teachingaway 12y ago
  Mostly impossible. There is a fairly useful book - the USPTO's "Manual of Patent Examining Procedure" (or MPEP). Official - http://www.uspto.gov/web/offices/pac/mpep/ http://www.uspto.gov/web/offices/pac/mpep/ My copy - http://adlervermillion.com/MPEP/ http://adlervermillion.com/MPEP/ Its a huge book though, and not worth reading it unless you want to work with patents every day (as a patent agent, patent examiner, patent lawyer). Also, its a reference book, not really something you can read start-to-finish.
- gyc 12y ago
  Of course it's possible for anyone to write a patent claim. However, it's unlikely that the claim you write will be of any value.
- jballer 12y ago
  I went to law school, passed the patent bar, and worked at the patent office. Even I wouldn't want to write my own claims. There are too many technicalities to deal with in the process. At the very least find a patent agent to do it (agents can draft and manage an application; attorneys can do that plus opine on validity etc.).

by jballer 12y ago

ThomPete 12y ago

Would you say it's more or less impossible to write your own patent claim? I.e. is there some book or some resources that could teach you to do it or is the knowledge required too big?

teachingaway 12y ago
Mostly impossible. There is a fairly useful book - the USPTO's "Manual of Patent Examining Procedure" (or MPEP). Official - http://www.uspto.gov/web/offices/pac/mpep/ http://www.uspto.gov/web/offices/pac/mpep/ My copy - http://adlervermillion.com/MPEP/ http://adlervermillion.com/MPEP/ Its a huge book though, and not worth reading it unless you want to work with patents every day (as a patent agent, patent examiner, patent lawyer). Also, its a reference book, not really something you can read start-to-finish.
gyc 12y ago
Of course it's possible for anyone to write a patent claim. However, it's unlikely that the claim you write will be of any value.
jballer 12y ago
I went to law school, passed the patent bar, and worked at the patent office. Even I wouldn't want to write my own claims. There are too many technicalities to deal with in the process. At the very least find a patent agent to do it (agents can draft and manage an application; attorneys can do that plus opine on validity etc.).