Thursday, December 4, 2008

Patent claims don't have to be easy and readable

If you are second-guessing n examiner or a prospective buyer, or a competitor, don't act on the naive urge to write out and describe claim components in an impressive language. Claiming, according to the US Patent Law, has NO enablement requirement OR readability requirement. A claim might read like this: 2. The cryopump as in claim 1, wherein said fluid conduit is fluidly connected to said group of manifolds and operatively communicating with said variably-opening orifices. None of the components are described in a technical, enabling manner, but the description is maximally encompassing the scope of the invention regarding the component of the device claimed in claim 1. Thus, do not limit a claim in order to make it more readable to an average person. The claims are for attorneys and other people who enjoy reading contract documents. Only enhance readability if it will not unnecessarily limit the claim.

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