Tuesday, March 28, 2006

Patent Claim Drafting - Methodical Approach

Here is an outline of a methodical approach to patent claim drafting for any area of technology, as discussed in "Structure, Function, and the Spectrum of Patent Claiming:"
Carefully identify the advantageous "effect" of the invention
Identify the fewest "elements" that will create that effect
Start with structure plus function claim type format to link the elements and effects, e.g. "element A for effecting (a, to, with, of, in, on, over) element B"
Use dependent claims to "structurally" define elements and/or "functionally" define effects
Use "claim-type differentiation" to expand that format with the same elements and effects
Use even uncommon claim types for your area of technology
Avoid unnecessary "hybrid structural/functional" recitations
Appeal rejections that are merely demands for additional structure

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