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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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makes it really hard to be a person | 122 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
makes it really hard to be a person
Authored by: jesse on Tuesday, August 21 2012 @ 05:41 AM EDT
with "knowledge of the art" when the language used is NOT "of the
art".

[ Reply to This | Parent | # ]

This is not really a problem in patents
Authored by: TennSeven on Tuesday, August 21 2012 @ 06:29 AM EDT
Even though patents are written by attorneys (who also must
be engineers or scientists) and therefore *may* contain more
"legalese" (it really depends on the attorney's writing
style), the USPTO Examiners who vet them are skilled in the
particular science of the patent and are *not* trained as
lawyers. This process tends to filter out terms that would
be understood only by a lawyer.

Additionally, an examiner that is not asleep at the wheel
will always require that any terms of art that do make it
into the patent, are adequately defined. Most attorneys I
know (including me) accomplish this by including a separate
section of definitions, while others define terms as they
are introduced in the text.

[ Reply to This | Parent | # ]

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