A Methodical Approach to Patent Claiming
Here is an outline of a methodical approach to patent claim drafting for any area of technology, as discussed in my on-line presentation entitled "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 diversify the same elements and effects in parallel claim groupings (see slide #7)
- 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.