Tuesday, May 30, 2006

Structured Claim Drafting [Claim Drafting Tips]

Structured Claim Drafting
Stephen Becker has a useful technique for improving the quality of your claims. (Article).
1. List the elements sought to be protected and their interrelationships.2. Analyze each element asking:
a) Is the element necessary for preserving functionality? b) Is the element needed to distinguish over the prior art?c) Can the element be generalized in a way that retains claim novelty?d) Can elements be combined in a way that retains claim novelty?3. Review the entire claim, discarding any words not absolutely necessary for functionality or novelty.According to Stephen:
Sanitizing the wordage, generalizing terminology and combining claim elements will improve the likelihood of literal infringement, because a competitor will find it more difficult to argue persuasively that a claim element is missing, from its competitive product or service.

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