General > General Technical Chat
How can I get info if device is legal or not in US?
jonpaul:
Tooki:
Having written 7 patents and procecuted most Pro Se, the wrtign of claims is a critical and precice art.
According to the US code (35 USC) the claims must completely define the invention and the limits of the patent.
The claims precicely define the legal monopoly the goverment grants to the patentee.
Books have been written about patent wrtiting and claims. See the excellet Nolo Self Help Law Press "Patent it Yourself" by my old friend David Pressman.
https://store.nolo.com/products/patent-it-yourself-pat.html
Mega dolllar patent litigation has been decided by a single claim and within a single word or punctuation mark.
The claims must limit the inventions scope to avoid any prior art or obviousness.
Thus claims are not written to obscure, the figures and the specification support the claims.
My inventionsand patent work was long ago but the basic laws have not changed.
HAVE AN ABSOLUTELY FANTASTIC DAY!
Jon
tooki:
I respectfully disagree with your conclusion. There are ways to word patents that aren’t as obfuscating as this one. For example, many patents use numbers to identify things, so that you don’t need to use the same nested descriptors over and over. Describe it once and refer to it by number subsequently.
Just because it needs to be precise and unambiguous doesn’t mean it needs to be obtuse. If anything, IMHO that obtuseness increases the risk of misinterpretation that could ultimately invalidate it. Clarity and precision are not opposite ends of a single axis, they’re orthogonal. You can have text that is simultaneously precise and clear, and you can have text that is unclear and imprecise. And any other combination. Don’t think that precision has to come at the expense of clarity.
And I have read patents that were much clearer than the hot mess I quoted. It can be done.
Siwastaja:
--- Quote from: jonpaul on May 11, 2023, 06:43:02 am ---Thus claims are not written to obscure
--- End quote ---
:-DD
jonpaul:
Tooki You will find good/bad/ugly in patents and claims like any other work or writing.
depends on the writer and time effort expended.
As most patents are written by patenr lawyers on hourly rate, (not the inventor) the claims are often poorly explained.
My telecom patent was extensively litigated ....councils and the judge said my claims were very clear.
Jon
Edcali:
May I Private message you?
I am thinking using very unrelated generic name titles if I fabricate and sell them like " Pin probes 2.54mm,1.27mm", so on respectively for each kind of pin test and avoid which kind of ECU (Engine Control Unit) they are compatible for, or avoid using any Trademark known name.
They are just pin probes with a specific dimensions that are standard in the Electronics industry.
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