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| Authored by: Anonymous on Monday, February 25 2013 @ 09:03 AM EST |
Legalese used in patents? I thought patents must be
written
to be
understandable to a person who understands the
subject.
Doesn't some law say
so?
But maybe the art in ordinary skill in the
art refers
to the art of writing patents. Because the few patents that
I've
seen are
not written in a language that either
programmers or computer scientists use to
discuss
their art.
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| Authored by: cjk fossman on Monday, February 25 2013 @ 09:17 AM EST |
The patent means whatever the plaintiff's lawyer needs it to
mean at any given point in time.
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| Authored by: Anonymous on Monday, February 25 2013 @ 10:10 AM EST |
The patent is supposed to fully disclose.
I gather though, that the application can change over time and in an
insignificant way.
Does the invention of an electrical transformer become invalidated because
"the ground" ceases to be "the ground"? Like when it is on a
boat?
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| Authored by: Anonymous on Monday, February 25 2013 @ 01:02 PM EST |
Agreed. I have provided ideas to my employer that they gleefully announced were
patentable. Soon after, a lawyer calls and asks questions like:
- Did
you really mean 'table' or would this work on any flat surface?
- You
mentioned 'every 5 seconds' but really, didn't you mean 'at a fixed interval'?
For that matter, does it need to be fixed? What if it were dynamic?
- You
mention a diagnostic device, but really, it could be any device with these
capabilities, right?
It's the lawyer's job to expand the idea you
presented as broadly as possible, because that provides maximum value to the
company. In addition, if they need to yield during prosecution, they now have
room to do that.
All the attention was flattering at the time, but having
seen patents from both sides now, I don't like the sausage that comes out the
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| Authored by: jrl on Thursday, February 28 2013 @ 01:45 PM EST |
From what I recall, if a patent is challenged,
the person listed as the inventor has to defend it.
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