by

Deepak K Malhotra

Patent lawsuites are a costly, high risk pursuit with many drawbacks for the unprepared and amateur. If your

patent application

is not competently drafted and prosecuted, there is a peril that it will not be legitimate and enforceable in litigation.

Patent attorneys

often are aware of which alternative patent attorneys are effectual in a community. Commence by inquiring centralized patent attorneys and retired patent attorneys (who have no entitltl attraction in advising one firm over another) for referals.

Find patents written by a

patent attorney

and realize what companies trusted that patent attorney with their treasured intellectual property.

If you are yet in debate, ask the attorney for a few sample patents (my website has

samples of patents

I have aquired for various clients). Study the patents against this list of inferior practices:

1. Is the Title more consolidated than the broadest claims? Should the claims incorporate both processes and mechanism, does the title declare merely one or the other?

2. Is the Field area something else (more explicit) than the broadest claims?

3. Does the Background area characterize aforementioned art, admit aforementioned art, or evoke solutions to the challenge?

4. Is the Summary area more consolidated (more explicit) than the broadest claims?

5. Is the Abstract more consolidated (more specific) than the broadest claim?

6. Are there attributes in the claims that are not exposed in the drawings?

7. Does the summarization of the views of the drawings not make clear that each figure is for a specific embodiment as contrasting to being of the invention?

8. Is there “patent profanity” in the Detailed Statement (use of words such as “substantial,” “essential,” “automatically,” “imperative,” “continually,” “essential,” “foremost” or other likewise heavy-duty words).?

9. Does the detailed statement accommodate too much aspect that is not desirable to lend enablement or superlative condition for the claims?

10. Is the statement not suitably obvious or detailed to facilitate someone of a unskilledkilled level to render and make use of the invention portrayed in the claims?

11. Is the broadest claim very wordy and full of conditions that are tough to perceive?

12. Are there just a few claims?

13. Is there just one kind of a claim (all claims are method claims or all claims are apparatus claims)? This is only a problem if there is only one patent for the invention.

14. Do the claims just cover a minor subcomponent of a sellable product?

15. Are there provisions in the claims that are not undoubtedly knowable?

16. Are there claims for aspects that are not expressed in the Detailed Statement?

This record is not exhaustive but ought to provide you an conception of the

complexities of patent law

. If you merely understand a few of the questions above, that will grant you a advantageous understanding into a

patent attorney’s skill level

than several people have.

Deepak Malhotra is a registered

U.S. Patent attorney

, and is also registered as a patent agent. He has a bachelor’s degree in Electrical Engineering as well as a law degree. Deepak assists clients in security

software patents

, business method patents, electrical patents, mechanical patents, and trademark registrations.

Article Source:

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