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There are other advantages to a
well-written application.
With it, any reasonably intelligent layman can understand
the basic concepts of the invention, if not the detailed implementation.
Why does this matter? After all, as has been argued
to us many times, the disclosure requirement is only that a person
skilled in the art be able to make and use the invention. And who
is a "person skilled in the art"? Someone technical. Thus,
the argument goes, the text need only be sufficiently clear to a
technical person.
It matters because the patent application, and later
the issued patent, are reviewed by many people - at first, the inventor,
then the Examiner, and, if there is infringement, the judge and
the jury. Along the way, various other people read and analyze the
text - investors being the most important of these.
If an application is written with the Examiner in
mind, it will be fairly technical, as Examiners tend to be fairly
skilled technical types. However, a very technical text is hard
for lay people, even quite intelligent ones, to understand. It's
not that the invention is conceptually difficult, it's that the
patent writer did not write clearly and thus, anyone not willing
to invest a serious amount of time in thinking about the invention
will not make any sense of it.
"… will not make any sense of it". That's
the point. The text should be so clear that it makes sense. That
the reader nods his head as he is reading.
More than that, if the reader (i.e. the Examiner,
judge or investor) has happily followed the disclosure, then s/he
will just as easily agree to the broad independent and the broad
dependent claims. With general descriptions, these very broad claims
will be fairly based in the disclosure yet remain broad enough as
to claim the concepts of the invention and not its detailed embodiments.
And, as long as the broad claims do not step on any
prior art, they generally are allowed quickly. Because the Examiner
has understood, truly understood, the invention.
Quick allowance means very little file wrapper estoppel
(i.e. very little discussions by the inventors redefining and restricting
their invention, which can be used against the patentee during a
court case).
Quick allowance means that the applications are not
costly to prosecute.
Quick allowance means that, with the same budget,
your company can prepare more patent applications.
Quick allowance means that, for important inventions,
your company can expend time and money reviewing the applications
to upgrade the claims or to claim other aspects of the invention
(in "continuation applications" in the US). And well-written
applications (i.e. with descriptions of what is being achieved)
have lots of extra description around which can be fairly made into
claims, including the marketing type of language. As long as the
description is complete, the marketing language can be used as claim
language.
And thus, the business activity can be made
to align with the patent protection.
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