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[Audio] How to Write a Technical Disclosure for Patent Drafting

JD Supra Law

The technical disclosure should contain the following contents, technical background, purpose of the invention, technical solutions, embodiments, technical effects, alternative solutions, and references. Technical Background The technical background allows the attorney to know the present invention's background and.

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Unambiguous disclosure without patent profanity (T 2171/21)

The IPKat

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. However, in the present case, the Board of Appeal found no pointer in the application as filed towards the selected subject matter.

Patent 109
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The Language of Patents (Part I): Equipping Patent Applications for Pre-and Post-Grant Success

IP Watchdog

Such an interpretation can block the patentability of the claim in the absence of evidence that the examiner’s interpretation of the claim is not reasonable.

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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

PM sought revocation of the patent, and BAT counterclaimed infringement of the patent by PM's heat-not-burn IQOS ILUMA device. During proceedings, BAT submitted an amendment to the claims in an attempt to overcome invalidity for inventive step. Final thoughts: Added matter versus patent profanity?

Invention 113
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Jepson Claims

Patently-O

by Dennis Crouch The chart above presents the powerful trend in the use of Jepson claim language in US patents over the years. It shows a clear decline in the percentage of patents that include Jepson claim language from 1980 to the present. 37 CFR § 1.75. Judge Lourie though seems to have already recognized this.

Art 62
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Patent Prior Art Search

Biswajit Sarkar Copyright Blog

Prior art, the term mostly used during patent applications, is used to describe all information available in the public domain before the priority or filling date of the patent application. This information is related to the patent applications. Prior art search determines the merits of patent applications.

Art 52
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Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Three Of Three

Intellectual Property Law Blog

In a recent publication, the USPTO indicated that from 2002 to 2018 the share of all patent applications relating to artificial intelligence grew from 9% to approximately 16%. See “Inventing AI, Tracing the diffusion of artificial intelligence with U.S. patents,” Office of the Chief Economist, IP Data Highlights (October 2020).

Patent 246