A Methodical Approach to Patent Claim Drafting

Here is an outline of a methodical approach to patent claim drafting for any area of technology, as discussed in "Structure, Function, and the Spectrum of Patent Claiming:"

• Carefully identify the advantageous "effect" of the invention
• Identify the fewest "elements" that will create that effect
• Start with structure plus function claim type format to link the elements and effects, e.g. "element A for effecting (a, to, with, of, in, on, over) element B"
• Use dependent claims to "structurally" define elements and/or "functionally" define effects
• Use "claim-type differentiation" to expand that format with the same elements and effects
• Use even uncommon claim types for your area of technology
• Avoid unnecessary "hybrid structural/functional" recitations
• Appeal rejections that are merely demands for additional structure

Please feel free to contact me for a more-detailed presentation of these ideas to your patent organization, practice group, or class.