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You can
Win
or
Lose
a Patent due to Language problem.
Design Your Claims
Lot depends in a Patent on the presentation of technical facts and claim formulation should be strategic and taken care of at the time of filing. Once you have claimed an invention you cannot later expand the scope no matter how expansive may be your disclosure in the text.
Take care to design your claims. It is important.
Importance Of Wordings in
Claim
Simple words such as "comprising of",
"consisting of", "consisting essentially of", "characterized" in a patent claim can determine the scope of your invention as claimed. Do not use such terms randomly in claims.
Take into account the importance of such terms and their construed meaning in a patent and do not introduce such words / terms in a claim simply as an option in the English language.
Carefully Scrutinize Your Invention
Do not blankly follow claim language of any earlier patent. You may land up disclaiming the most important aspect of your invention.
Remember every invention needs careful scrutiny not only to identify the invention vis-a- vis the prior art but more importantly to appropriately select the language for claiming the same.
Manner Of Claiming Can Save
Costs
Remember manner of claiming can save costs while covering multiple aspects of an invention with properly framed textual support. You may avoid divisional/multiple filings in case you wish to cover multiple embodiments having a common inventive concept. It is important to ascertain the common inventive concept and frame the specification accordingly. This would favour your prosecution and help cutting down prosecution costs.
Presentation Of Facts And
Language
Presentation of facts and language can help in transforming apparently non-statutory subjects into allowable subject matter. This can be true in case of software based inventions. You can integrate software with
hardware to claim the technical effect achieved by the invention.
Best Embodiment Claim
Try to cover your best embodiment most effectively in the statement of claims. Give special attention to claim drafting for covering the best embodiment.
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