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How to Read a Patent

202 点作者 teachingaway超过 10 年前

13 条评论

throwawaykf05超过 10 年前
A slightly more humorous take on the same thing:<p><a href="http://www.danshapiro.com/blog/2010/09/how-to-read-a-patent-in-60-second/" rel="nofollow">http:&#x2F;&#x2F;www.danshapiro.com&#x2F;blog&#x2F;2010&#x2F;09&#x2F;how-to-read-a-patent-...</a>
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WildUtah超过 10 年前
Only the claims define the power to block others from using the ideas in the patent.<p>In theory.<p>But remember that the patentee (that&#x27;s the one with the patent) can always keep a &quot;continuation&quot; pending. With a continuation, the patentee can rewrite the claims however he wants. He can wait until your product is on the market and rewrite his claims to follow your product exactly. He could even sue you, lose for invalidity or noninfringement, and then rewrite his claims to more closely match your product and sue you again.<p>The only limit on claim rewriting is that the new claims have to somewhat reflect what&#x27;s in the specification and have to be reexamined. Reexamination, like examination, is more a coin flip than an engineering evaluation of the patent claims. Reflecting the specification doesn&#x27;t have to follow too closely what was in there originally but it does place some limit on the breadth of claim rewriting.<p>And rewritten claims have the same long ago priority date against prior art as the original claims. Your product does not count as prior art just because it was widely known when the new claims are written.
ww520超过 10 年前
One common confusion people have when reading patent is the word &quot;comprise,&quot; which appears a lot in the claim language. This probably comes from the confusing definition of the word in the legal dictionary, <a href="http://legal-dictionary.thefreedictionary.com/comprise" rel="nofollow">http:&#x2F;&#x2F;legal-dictionary.thefreedictionary.com&#x2F;comprise</a>, which implies there are more elements than the ones specified.<p>Comprise always means all or nothing in the claim conditions. All conditions have to be satisfied for the claim to be valid against a product.
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javajosh超过 10 年前
Having read this article, I begin to suspect that <i>only the claims define patent rights</i>, and not any other section of the patent.
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leoc超过 10 年前
Assuming of course that it&#x27;s a smart idea to be reading that patent at all...
analog31超过 10 年前
&gt;&gt;&gt; Check to see whether the prior art reference explains every element of a claim in the patent. If so, the reference “anticipates” the claim, and the claim is invalid.<p>I&#x27;m not a lawyer, but I have over a dozen patents, and have participated in other IP related activities such as invalidation. Here is how I understand it, as explained to me:<p>It&#x27;s assumed by default that the patent is granted in light of the information referred to by cited works. In other words, the examiner has declared that nothing in the references anticipates the claims. If you&#x27;re looking for new prior art, it has to be outside of those references.<p>Of course anything can be challenged, but instead of &quot;look, we found some prior art,&quot; you have to argue, &quot;look, the examiner missed something.&quot;<p>OP, does that make sense?<p>A couple other thoughts: First, the body text may be gibberish, but the body of patent A can be used against the claims of patent B, if A is not cited by B. I&#x27;ve used this successfully, thanks to a few solid days of Google searching. Or, A and C can be combined to show obviousness.<p>Second, body text can contain useful information in its own right. I have a product under development right now for my side business, using an electronic circuit described in an expired patent.
habith超过 10 年前
Interesting read, thank you for posting it.<p>One suggestion is to copy&#x2F;move the warning &quot;If you have an important patent question, hire a patent lawyer&quot; to the intro.<p>A lot of people skim through the conclusion section and may just know enough now to be dangerous, like you said :)
malkia超过 10 年前
Q: How To Read a Patent A: If you work in a company, then the answer is very simple: &quot;Don&#x27;t!&quot; - Don&#x27;t even try to pretend that you&#x27;ve heard it, or that it exist.
rjdagost超过 10 年前
Only claims define the intellectual property rights, I get that. But patent jargon is often so abstruse and vague that you need to read much of the supporting text to even understand the claims. Sometimes when I look at claims for patents that I&#x27;m an inventor on even I don&#x27;t know what IP is being staked out based on the claims section alone.
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Xdes超过 10 年前
I wish someone would write &quot;how to read an IETF specification&quot; or &quot;how to read an ECMA standard.&quot;
skeoh超过 10 年前
Here&#x27;s a link to a patent on Google Patents for example: <a href="https://www.google.com/patents/US5255452" rel="nofollow">https:&#x2F;&#x2F;www.google.com&#x2F;patents&#x2F;US5255452</a><p>You can see how Google emphasizes the independent claims on the right.
fastball超过 10 年前
I think we killed it :(<p>Here is a cache of the homepage though...<p><a href="http://www.salar.ly.nyud.net:8080/" rel="nofollow">http:&#x2F;&#x2F;www.salar.ly.nyud.net:8080&#x2F;</a>
thomasfoster96超过 10 年前
I&#x27;ve needed this for a while.