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There is much discussion in the
patent world about "high quality" patents. In general,
the notion is that such patents claim only that which is truly patentable
(i.e. there is no prior art which can be used to invalidate them).
To this definition, we add the
requirement that the claims be written broadly and to the business
issues of the applicant.
How do we do this? By writing a
good disclosure.
We repeat. To have high quality
claims, the disclosure must be well-written. The drawings must be
organized to start at the broadest view of the invention and only
slowly become more detailed. The text must describe each drawing
slowly, first orienting the reader to the general concepts shown
in the drawing and only afterwards describing them in detail.
The detail is necessary for full
disclosure. The broad orientation of the reader is necessary for
high quality claiming.
The broad orientation describes
a drawing so that a reader can understand generally what is happening
in the drawing and how the main elements of the drawing cooperate
with each other. Since such orientation is part and parcel of the
text, claims (independent and dependent) can be made to it. These
claims are broad, since they recite only what an element is trying
to achieve. Further dependent claims can be made to the specific
implementations shown in the drawings, if desired.
In HBA's applications, these broad
orientations exist for most drawings in the application. The discussion
of the main drawing discusses the invention in its most general
terms, including what it is trying to achieve and why it is wonderful,
and is used for the independent claim(s).
Then, for each element of the main
drawing, there are more detailed drawings. The discussion of each
of these detailed drawings begins with an introduction, introducing
the reader to the major parts of the drawing. This discussion is
used for the dependent claims.
Finally, there is a detailed discussion
of the elements of the drawing. This discussion can be used for
further dependent claims or not, depending on how inventive the
details are.
The end-product is a broadly claimed application,
resulting from our insistence on good writing.
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