Damox's Legal Blog

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Thursday, November 02, 2006 

A Lesson In Patent Application Writing

I found a funny story about a lawyer who apparently was fed up with writing bogus technical claims for his clients patent applications. He threw in this gem:
"9. The method of providing user interface displays in an image forming apparatus which is really a bogus claim included amongst real claims, and which should be removed before filing; wherein the claim is included to determine if the inventor actually read the claims and the inventor should instruct the attorneys to remove the claim."
I guess there's a lesson for everyone out there applying for a patent with the help of a lawyer: review what they write before it is submitted. Too many people just give a write up of their idea and expect the lawyer to be able to turn it into legalese. The lawyers objective is to make the patent claim as broad as possible, so that client will be able to sue anyone who does something even remotely similar (try Googling "amazon one-click patent" for more on this). The problem comes when the lawyer does not understand the idea enough to make truthful claims for the patent application.
Techdirt: Why You Don't Want Lawyers With Senses Of Humor Writing Your Patent Applications