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.

Rangefinder Season

You know that I love high tech serving people in more ways than just showing them cute pictures on their mobile phones. I really love high tech optics, when they help me bird watch or hunt. I stumbled on great Nikon Hunting Christmas Promotion deals for Nikon Sport Optics at, all offering a rare opportunity holiday promotion that comes with a unique show from Lee& Tiffany Lakosky. The first thing I found is my favorite, a rangefinder. It is a ProStaff 550 Rangefinder that comes with its own DVD manual discussing hints and techniques for using the Nikon BDC reticle, which I am not yet familiar with. The rangefinder is a part of the Nikon’s Ultimate Hunter’s Package that is put together for increasing one's long-range shooting skills. The package also contains a ProStaff rifle scope. I found that this deal for this holiday season offers great prices on various, hi-tech Nikon riflescopes, such as ProStaff Riflescopes, Nikon Monarch Rifle Scopes, Buckmasters and Omega Riflescopes. The promotion also has what many of my friends might be looking for - high-quality, rugged binoculars, and Nikon, as I see in their information, has got great prices on all the ATB Binoculars and a surprise gift. A Nikon Pro Gear Gift Card that is worth $25 and $50 value, by the way, comes free with the purchase of Nikon Monarch Binoculars, Trailblazer Binoculars, Nikon Action 10x50 Binoculars and ANY Nikon ATB Binoculars. I think it might be more fun buying the gear and keeping it in a pristine condition in my library till I get the chance to use it next hunting season.

On Festo and "Means"

In patenting, Festo is a doctrine of equivalence: if a patent claims a, b, c - this can sometimes also include c (broad claiming). But since the actual Festo, if one starts off broad and narrow, then one cannot claim broader (doctrine of equivalence) again.

Means + Function is no-no in patent claims. The combination refers to a too general component expressed functionally (which begs for a method claim language: a module for cooling), as opposed to structurally (what it is, i.e., a cooling module, and not only what it does). See the Patent Writing:Claims tag for similar topics.

Wind Turbines, Oil Rigs and Curious George

Now that Dubya is packing up and about to be moving out of the White House, the media and the web are awash with negative gloating and mindless euphoria. The US economy has grown in all directions possible, major fiscal indicators have been on a roller coaster ride, the real estate market is pathetic, nobody has health insurance, and the layoffs seem to be the talk of every neighborhood bar. In tough times like these it makes sense to browse for some viral videos. The Good Bye Curious George is probably the best anti bush video that captures the spirit of the nation, of our mood and that of the outgoing neopresident. The video is simple, yet a cut above amateur animation. The unexpected zoom-in on the card mix up involving the bank rescue plan (why should the taxpayer rescue banks, the bastion of capitalism, when the essence of capitalism is the survival of the fittest? Let the weakling bank disappear), the Lincoln's name mixup which is so typical of the Bush presidency steeped in bumbling and word-mincing. It reminds us of George W. Bush's the "Mission Accomplished" bravado speech aboard an aircraft carrier after the Iraq invasion ring so fresh and simplistically premature. The nuclear option scenario is also credibly hilarious, because the nuclear solution has been contemplated regarding Iran. It goes hand in hand with the paradigm we know since childhood: The Curious George wants to know, what would happen if the Red Nuclear Button is pushed? The video does not deal with a nuke scare, rather, the video keeps on portraying the bumbling petrodollar utilitarianism of Dubya's business dreams. No matter the wreck he causes us, there is always the petrodollar lining to it for him, but desolation and smoke for us. Give an Oscar to the cartoon's creator(s) for being the most unique funny video addressing such a character in US history, the rigmarole he is leaving behind and the snafus he has not (lucky you and me) have the chance to execute. The video has a tastefully light finish, wherein Dubya the Curious George Cowboy rides into the sunset, which seems to be after the nuclear war-like destruction with the oil rigs in the background, while wind turbines telescope out of the ground and start spinning while the sky turns jubilant with an Obama-esque rainbow. Therapeutically pleasing. I think lame duck is an understatement. The video offers us comedy relief while reliving the last eight years of the mess.

Halliburton applies for the method of troll patenting

It was UC Berkley, among others. Then, Microsoft. President Obama better sign a decree that makes it a criminal offense for anyone in the patent world to use the word troll. It is a meaningless term that becomes more and more pointless each day, due in part to the following absurd wackiness applied (and breezed through by the US Patent law) for by Halliburton Energy Services:
Patent acquisition and assertion by a (non-inventor) first party against a second party U.S. Patent Application 20080270152 Claim 1: A method for a non-inventor first party to acquire and assert a patent property against a second party, the method including the first party performing the following acts: obtaining an equity interest in the patent property; writing a claim within the scope of the patent property, the claim being written to cover a product of the second party, where the product includes a secret aspect, the secret aspect including an unobservable aspect, where writing the claim includes performing research using a computer to convert the unobservable aspect to an observable aspect; filing the claim with a patent office; offering a license of the patent property to the second party after the patent property issues as a patent with the claim; and attempting to obtain a monetary settlement from the second party based on the assertion of infringement of the claim. Patent property - both novel and vague term. Aspect is already used in the claim within a different aspect. I guess Dick Cheney needs novel and non-obvious ways to make business off government contracts.